This Ordinance was repealed on 2020-09-03 by Urban and Regional Planning Act, 2018.
This is the version of this Ordinance as it was when it was repealed.
Townships and Division of Land Ordinance, 1963
Ordinance 11 of 1963
- Published in Official Gazette 2487 on 28 June 1963
- Assented to on 21 June 1963
- Commenced on 28 June 1963
- [This is the version of this document from 29 June 2000 and includes any amendments published up to 1 December 2023.]
- [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- [Repealed by Urban and Regional Planning Act, 2018 (Act 5 of 2018) on 3 September 2020]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 -
2A. Purpose of BoardThe 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]
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.
7.The Minister shall not grant an application for permission to establish a township on land held under lease by the applicant.
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.
13. Establishment of townshipUpon 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]
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 deedsNo 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.
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.
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.
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 imposedNothwithstanding 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 -
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.”]
History of this document
03 September 2020
Repealed by Urban and Regional Planning Act, 2018
29 June 2000 this version
15 April 1999
08 September 1998
01 November 1992
10 September 1985
08 June 1977
16 October 1975
03 July 1973
24 March 1970
28 March 1969
28 November 1967
28 June 1963
21 June 1963