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LEGAL MATTERS

18 Jan 2021

Juveniles to get separate holding cellsThe Ombudsman, while investigating the detention of a 13-year-old boy at the Rehoboth Police Station in October 2020, noted that there are currently no places of safety or children’s detention facilities in Namibia.This is in conflict with the law. The Child Care and Protection Act (CCPA) prescribes that children awaiting trial or sentence must be held at places of safety or child detention centres. The Act furthermore prohibits the detainment of children awaiting trial or sentence in any place other than a place of safety or child detention centre. It also implies that police holding...



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BODY CORPORATE LEVIES

28 Sep 2020

Body corporate levies are often overlooked when buyers of sectional title units purchase property. Body corporate levies are the levies that a body corporate is entitled to charge to each individual owner of a sectional title unit in a complex.In order to understand body corporate levies, you need to understand what a body corporate is. A Body corporate is administrative bodies made up of owners of a group of units in a complex or developed flats.If you purchase immovable property which is a sectional title unit, that property will form part of a body corporate, and various responsibilities arise from...



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Lease Agreements and COVID 19

19 Jun 2020

A lease agreement entails reciprocal rights and obligations between a landlord and tenant or simply put, the landlord gives the tenant the use and enjoyment of the let premises and in return the tenant pays rental. It occasionally occurs that extra ordinary and unforeseen events, such as war, floods, riots, pandemics or acts of God prevent one or both parties from performing their respective obligations. It is common for a lease to have a ´force majeure´ clause, the effect of which can be to excuse non-performance caused by the circumstances described in such a clause and for the duration thereof. The effectiveness of a ‘force majeure’ clause depends on how...



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COVID-19 LOCKDOWN NOTICE

27 Mar 2020



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CLIENT NOTICE ON COVID-19-CORONA

19 Mar 2020

In light of the two confirmed cases of Corona in Namibia, we have implemented the following measures. Kindly rest assured that we are still open and attending to your valuable instructions.



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INTRODUCING THE 2020 CANDIDATE LEGAL PRACTITIONERS

21 Jan 2020

We are pleased to introduce our 2020 Candidate Legal Practitioners (from the left):Ms Tangeni Nanyemba, Ms Yolandi Ludwig, Mr Tuundjakuje Martin and Ms Helena Nepembe.



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Where is the Solidarity

17 Aug 2018

Supreme Court of Namibia: NAMAF and others v Namibian Competition Commission and anotherWhere is the solidarity?On 19 July 2017, the Supreme Court handed down judgement in an appeal concerning the jurisdiction of the Namibian Competition Commission (“the Commission”) over registered medical aid funds. The judgement concerns an appeal by the Namibia Association of Medical Aid Funds (“NAMAF”) and eight of its members (“the Funds”), of a High Court decision of 17 March 2016. The High Court found that the Funds are undertakings within the meaning of the Competition Act No 2 of 2003 (“the Act”) as they operate for gain...



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The WKH family welcomes the brilliant, Ms Petrine Hango as an associate at Ongwediva.

26 Jan 2018

A brief biography:Ms Hango holds a Bjuris, LLB from the University of Namibia and she equally holds a Postgraduate Certificate in Risk, Compliance and Governance from the University of Witwatersrand.



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Celebrating the life of At Slabber

14 Nov 2017



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Farewell Mr At

08 Nov 2017



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VAT on commercial properties

23 Oct 2017



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THE VITAL ROLE OF THE CONVEYANCER IN THE NAMIBIAN LAND REGISTRATION SYSTEM

04 Oct 2017

1. The Namibian property system is founded on a well-established and secure system of property registration and ownership. The process is initiated by way of a signed and accepted Deed of Sale of land as required by the Formalities in Respect of Contracts of Sale of Land Act 1969, which stipulates that no agreement of sale of land will be valid unless reduced to writing and signed by both parties. The process is then regulated in terms of the Deeds Registries Act and various related statutes which have specific bearing on certain topics.2. Once the property is transferred and registered,...



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Loan to Value Ratios

04 Oct 2017

SOUND FINANCIAL PLANNING WITH REGARD TO DEPOSITS ON NON-PRIMARY RESIDENCES AND THE INHIBITING EFFECT THEREOF ON THE RESIDENTIAL PROPERTY MARKET1. Words and expressions defined in the Regulations Relating to Restrictions on Loan-to-Value Ratios (the “Regulations”), shall unless otherwise defined, have the same meaning in this article. The purpose of this article is to clarify the applicability or inapplicability of the Regulations relating to Loan-to-Value Ratios: Banking Institutions Act, 1998 (Act No 2 of 1998) when applying to commercial banks for financing.2. The question is, when is a juristic entity required to furnish a deposit on the purchase of any non-primary...



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Forming a Trust

04 Oct 2017

FORMING A TRUST IN WHICH TO BUY PROPERTYA trust is an entity that can be used to purchase and own property. The basic structure of a trust is as follows :There are two main distinctions as to types of trusts which can be registered with the Master of the High Court. Importantly the Master of the High Court administers the registration of all Namibian Trusts under the Trust Monies Protection Act, 1934 (Act No. 34 of 1934).The person creating the trust (trust founder) can create the trust while he is still alive or the trust can be created upon the...



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Namibia’s new Sectional Titles Act

15 May 2015

This summary intends to afford clarity as to the new Sectional Titles Act and the advantages and disadvantages thereof as will be encountered by Developers and Registered Owners. The Sectional Titles Act , 2009 (Act No.2 of 2009) came into operation on 15 December 2014 in terms of Government Notice No. 252 published in Government Gazette No. 5633. The Sectional Titles Regulations and corresponding Rules for Sectional Titles are contained in Government Notices No. 223 and 224 respectively published in Government Gazette No. 5604 of 31 October 2014. ADVANTAGES: 1.Units in Sectional Title Schemes no longer have to be as closely integrated and tied to adjacent Units. Consequently Units can...



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BANK GUARANTEE OR LETTER OF UNDERTAKING?

11 Feb 2015

The facts in Koumantarakis Group CC v Mystic River Investment 45 (Pty) Ltd and Another (2008) 3 All SA 384 (Supreme Court of Appeal); 2008 5 SA 159 (Supreme Court of Appeal) were as follows: The purchaser concluded an agreement with the seller to purchase an immovable property for R12 million. The agreement was not conditional on the purchaser obtaining finance secured by a mortgage bond from any financial institution, but was intended to be a cash transaction. Accordingly, the price was payable by way of a deposit of R1 million secured by a bank guarantee acceptable to the seller and a similar guarantee for the...



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Voetstoots, home-sellers and fraudulent concealers

20 Nov 2014

The notorious voetstoots clause has been the subject of much debate. A simple internet search on the principle will spew out reams and reams of results and after reading every case imaginable and every article by someone professing to be an expert on the matter we still find ourselves sitting back and asking, “So do I, or do I not, need to tell the purchaser that the beams in my roof need to be replaced even though there is a voetstoots clause?” The answer is that if you think it will affect the purchaser’s decision to buy the property or the price the purchaser will agree to pay,...



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RATES CLEARANCE CERTIFICATES

14 Aug 2014

Before any transfer of immovable property situated within a Local Authority area can be effected, the particular conveyance has to certify in terms of Section 78 of the Local Authority Act (act 23 of 1992) that all rates leviable in respect of such immovable property and all the fees, charges and other moneys due to the Local Authority in respect of any service, amenity or facility supplied to such property in terms of the said Act, inclusive of any availability charge and minimum charge provided for in Section 30(1)(u) of the said Act has been paid up to and including the date of registration thereof. The Conveyancer attending to...



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DECEASED estates and Conveyancing

22 May 2014

“Massing” is a concept often encountered in the administration of deceased estates involving Conveyancing. What is massing? Massing takes place when two (or more) persons, in a joint will consolidate or “mass” their estates and dispose of the massed estate as a whole either on the death of the first dying, subject to a limited interest such as an usufruct in favour of the survivor, or on the death of the survivor (in the latter instance the limited right granted to the survivor is in the nature of a fiduciary right). A typical example is where A and B being married in community of property, determine in their joint will that on the...



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