Baster Gemeente has no land rights
The Rehoboth Town Council has established clear rights over land falling within its jurisdiction.
Acting Judge Collins Parker ruled yesterday in the drawn-out matter between the town council and the Rehoboth Baster Gemeente that this right was established in terms of the provisions of the Local Authorities Act and that the court should protect it.
The town council in 2014 brought an urgent application to stop what it called the illegal allocation of plots in the town by Kaptein John C. McNab.
Parker declared that the respondents, the Baster Gemeente, McNab and Jan C. van Wyk, did not have the authority to survey, partition and allocate plots in the area falling under the control and administration of the Rehoboth Town Council.
The respondents were interdicted and restrained from surveying and partitioning plots on land under the control and administration of the Rehoboth Town Council.
They were further interdicted and restrained from allocating to any person plots in the Rehoboth town area, including Rehoboth Block G.
The acting judge, quoting a Supreme Court judgment, stated that the court decided that the community led by Kaptein McNab had freely decided to transfer its communal land to the new self-government of Rehoboth and subsequently the Namibian Constitution.
He further added that the land lay within the boundaries of Rehoboth.
The Baster Gemeente had maintained that Block G, which formed the subject matter of the application, did not form part of the town.
Parker ruled that he was satisfied that the Rehoboth town council had established a right over the land that fell under its control and administration, and that the court should protect that right.
FRED GOEIEMAN
Acting Judge Collins Parker ruled yesterday in the drawn-out matter between the town council and the Rehoboth Baster Gemeente that this right was established in terms of the provisions of the Local Authorities Act and that the court should protect it.
The town council in 2014 brought an urgent application to stop what it called the illegal allocation of plots in the town by Kaptein John C. McNab.
Parker declared that the respondents, the Baster Gemeente, McNab and Jan C. van Wyk, did not have the authority to survey, partition and allocate plots in the area falling under the control and administration of the Rehoboth Town Council.
The respondents were interdicted and restrained from surveying and partitioning plots on land under the control and administration of the Rehoboth Town Council.
They were further interdicted and restrained from allocating to any person plots in the Rehoboth town area, including Rehoboth Block G.
The acting judge, quoting a Supreme Court judgment, stated that the court decided that the community led by Kaptein McNab had freely decided to transfer its communal land to the new self-government of Rehoboth and subsequently the Namibian Constitution.
He further added that the land lay within the boundaries of Rehoboth.
The Baster Gemeente had maintained that Block G, which formed the subject matter of the application, did not form part of the town.
Parker ruled that he was satisfied that the Rehoboth town council had established a right over the land that fell under its control and administration, and that the court should protect that right.
FRED GOEIEMAN
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