Local Authorities Act 23 of 1992

LOCAL AUTHORITIES ACT 23 OF 1992
[ASSENTED TO 28 AUGUST 1992] [ DATE OF COMMENCEMENT: 31 AUGUST 1992]

(Signed by the President)
as amended by
Registration of Deeds in Rehoboth Amendment 35 of 1994
Local Authorities Amendment Act 3 of 1997
Local Authorities Second Amendment Act 14 of 1997
Electoral Amendment Act 7 of 2003
ACT
To 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.
ARRANGEMENT OF SECTIONS
INTRODUCTORY PROVISIONS
1 Definitions
PART I
DETERMINATION AND ESTABLISHMENT OF LOCAL AUTHORITY COUNCILS
2 Determination of local authority councils
2A ......
3 Declaration of areas of local authorities as municipalities, towns or villages, and existing municipalities
4 Alteration of declaration of local authorities
5 ......
6 Governing bodies of local authorities
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
8 Dates for elections for members of local authority councils
9 Periods of office of members of local authority councils
10 Oath by, and code of conduct for, members of local authority councils
11 Mayors and deputy mayors of municipalities or towns and chairpersons of local authority councils
12 Manner of elections for mayors and deputy mayors of municipalities or towns and chairpersons of local
authority councils
13 Vacation of office by members of local authority councils, and filling of casual vacancies
14 Meetings of local authority councils
15 Minutes of meetings
16 Inspection of, copies of and extracts from, minutes
17 Validity of certain decisions taken by local authority councils and acts performed on authority of local
authority councils
18 Remuneration, allowances and benefits of members of local authority councils
19 Contracts with, and work for, local authority councils in which members are interested
20 Prohibited practices in respect of members of local authority councils
PART III
MANAGEMENT COMMITTEES OF LOCAL AUTHORITY COUNCILS
21 Management committees of municipal and town councils
22 Manner of elections for members of management committees
23 Vacation of office by members of management committees
24 Meetings of management committees
25 Chairpersons of management committees
26 Powers, duties and functions of management committees
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
28 Departments
29 Discharge of chief executive officers and other staff members of local authority councils
PART V
POWERS, DUTIES, FUNCTIONS, RIGHTS AND OBLIGATIONS OF LOCAL AUTHORITY
COUNCILS
30 Powers, duties and functions of local authority councils
31 Delegation of powers by local authority councils
31A Signing of contracts
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
33 Limitation of liability
PART VI
SUPPLY OF WATER
34 Construction of waterworks
35 Supply of water to persons other than residents
36 Limitation on supply of water or on use of water during drought or other emergency conditions
37 Offences and penalties in relation to supply of water
PART VII
SEWERAGE AND DRAINAGE
38 Sewerage and drainage
39 Construction of private sewers or combined private sewers
40 Construction of combined private sewers by local authority councils
41 Granting of assistance by local authority councils to residents to provide sewerage to their immovable
property
42 Maintenance of private sewers and combined private sewers
43 Stoppages or defects of private sewers or combined private sewers, sanitary conveniences, baths and
wash-basins
44 Offences and penalties in relation to sewerage and drainage
PART VIII
CEMETERIES
45 Closing of cemeteries
46 Use of closed cemeteries
47 Offences in relation to cemeteries
PART IX
STREETS AND PUBLIC PLACES
48 Construction of streets and public places
49 Construction of culvert crossings
50 Closing of streets or public places
51 Offences and penalties in relation to streets and public places
PART X
SUPPLY OF ELECTRICITY AND GAS
52 Construction of works and machinery in relation to supply of electricity and gas
53 Supply of electricity or gas to persons other than residents
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
54A Failure by town council or village council to discharge adequately its functions in relation to services
55 Offences and penalties in relation to supply of electricity and gas
PART XI
PUBLIC TRANSPORT SERVICES
56 Establishment of public transport services on behalf of local authority councils
PART XII
HOUSING SCHEMES
57 Establishment of housing schemes by local authority councils
58 Establishment of housing fund
59 Pre-emptive right of local authority councils in respect of dwellings constructed or acquired under housing
schemes
60 Further loans for purposes of improvements in respect of dwellings acquired under housing schemes
61 Remedies against persons in default of repayment of loans
62 Definition of "dwelling" for purposes of this Part
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
64 Powers of Minister in relation to approval for acquisition of immovable property by local authority councils
65 Acquisition of ownership of immovable property of local authority councils by prescription
PART XIV
VALUATION OF RATEABLE PROPERTY WITHIN LOCAL AUTHORITY AREAS
66 Valuation of rateable properties within local authority areas
67 Appointment and powers, duties and functions of valuer
68 Establishment of valuation court
69 Objections against provisional valuation roll
70 Consideration of valuations contained in valuation roll and objections lodged in relation to such valuations
71 Appeal against decisions of valuation courts
72 Main valuation roll.
PART XV
RATES ON RATEABLE PROPERTY
73 Rates levied on rateable property
74 Levying of special rates in case of certain deficits
75 Exemption from rates levied on rateable property
75A Reduction of rates in respect of certain properties
76 Payment of rates levied under this Part
76A Levying of penalty rate
77 Rates levied on rateable properties for benefit of regional councils
78 Transfer of rateable properties
PART XVI
ALTERNATIVE SYSTEM OF RATING FOR TOWN COUNCILS AND VILLAGE COUNCILS
79 Alternative system of rating for town councils and village councils
PART XVIA
RECOVERY OF RATES
79A Rates as a debt due to the local authority council
PART XVII
FINANCIAL MATTERS
80 Funds of local authority councils
81 Accounting officers of local authority councils
82 Financial year of local authority councils
83 Estimates of revenue and expenditure of local authority councils
84 Application of funds of local authority councils
85 Auditing of accounting records of local authority councils
86 Accounting records of local authority councils
87 Financial statements and audit reports
PART XVIII
GENERAL PROVISIONS
88 Public meetings for purposes of discussion of matters of public interest
89 Meetings of local authority councils for purposes of discussion of matters of mutual interest
90 Responsibility of local authority councils in relation to public water-courses
90A Power to enter immovable property for performance of certain functions
91 Right of entry upon private land by local authority councils
91A Power to set aside reception areas
92 Failure by local authority councils to exercise or perform its powers, duties and functions
92A Delegation of powers and assignment of functions and duties
93 Service of documents
93A Prima facie proof of amounts due and payable
94 Regulations by local authority councils
94A Regulations by Minister
94B Incorporation of standard publications
94C Application of certain provisions of Act
95 Repeal of laws, and savings
96 Short title and commencement
Schedule 1 - Municipalities
Schedule 2 - Towns
Schedule 3 - Villages
Schedule 4 - Laws repealed
INTRODUCTORY PROVISIONS (s 1)
1 Definitions
In this Act, unless the context indicates otherwise-
"approved township" means an approved township as defined in section 1 of 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);
"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;
"delimitation commission" ......

[Definition of "delimitation commission" inserted by sec 1 (a) of Act 24 of 2000 and deleted by sec 1 (a) of
Act 17 of 2002.]
"deputy mayor" means a deputy mayor of a municipality or town elected in terms of

section 11;
"establishment" means the posts created for the normal and regular permanent
requirements of any local authority council;
[Definition of "establishment" inserted by sec 1 (b) of Act 24 of 2000.]
"financial year" means the financial year referred to in section 82;
"immovable property" means any land or any building on such land;
"improvements" , in relation to immovable property, shall, for purposes of Parts XIV and
XV, not include any machinery or equipment, whether or not permanently fixed or attached to
such immovable property, excluding any storage tanks of any nature whatsoever;
"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", previously definition of "magistrate", substituted by sec 1 (c) of 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" substituted by sec 1 (d) of Act 24 of 2000.]
"mayor" means the mayor of a municipality or town elected in terms of section 11;
"Minister" means the Minister responsible for Regional and Local Government and
Housing;
[Definition of "Minister" substituted by sec 1 (e) of Act 24 of 2000.]
"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" substituted by sec 1 (f) of Act 24 of 2000 and by sec 1 (b) of Act 17 of 2002.]
"municipal police service" means a municipal police service referred to in section 43C
of the Police Act, 1990 (Act 19 of 1990);
[Definition of "municipal police service" inserted by sec 1 (a) of Act 14 of 2004.]
"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 24 of 1992);
[Definition of "party list" inserted by sec 1 (c) of Act 17 of 2002 and substituted by sec 39 of Act 7 of 2003.]
"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;
"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-
(a) any 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) any building, other than a dwelling, of which the ownership vests in the Government of
Namibia or a regional council and which is not 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;
(c) any immovable property used exclusively as-
(i) a place of worship;
(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;
(iv) a hospital, an institution as defined in section 1 of the Mental Health Act, 1973 (Act 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;
(e) any immovable property which has been exempted from the payment of rates in terms of
section 75 or any other law;
"regional council" means a regional council established by section 2 of the Regional

Councils Act, 1992;
"regulation" means a regulation made under this Act;

[Definition of "regulation" inserted by sec 1 (g) of 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 sec 1 (h) of Act 24 of 2000 and substituted by sec 1 (b) of 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" substituted by sec 1 (i) of Act 24 of 2000.]
"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 the person appointed under section 67;
"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" substituted by sec 1 (j) of Act 24 of 2000 and by sec 1 (d) of Act 17 of 2002.]
"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 (ss 2-6)
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 ......
[Sec 2A inserted by sec 2 of Act 24 of 2000 and repealed by sec 2 of 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.
[Subsec (1) substituted by sec 3 (a) of Act 24 of 2000.]
(2) The Minister shall not declare any area referred to in subsection (1) to be-
(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-
(aa) to exercise and perform the powers, duties and functions conferred and imposed upon a
municipal council in 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;
[Subpara (ii) amended by sec 3 (c) of Act 24 of 2000.]
(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-
(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;
[Subpara (ii) amended by sec 3 (d) of Act 24 of 2000.]
(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.
[Para (c) substituted by sec 3 (e) of Act 24 of 2000.]
[Subsec (2) amended by sec 3 (b) of 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.
[Subsec (4) substituted by sec 3 (f) of 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.
[Subsec (4A) inserted by sec 3 (g) of Act 24 of 2000.]
(5) (a) As from the date fixed in terms of Sub-Article (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 sub-article (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.
[Subsec (5) amended by sec 3 (h) of 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-
(a) alter a declaration made under subsection (1) of that section; or
(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.
[Subsec (1) amended by sec 4 (a) of Act 24 of 2000.]
(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.
[Subsec (2) substituted by sec 4 (b) of Act 24 of 2000.]
(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.
[Subsec (4) substituted by sec 4 (c) of 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.
(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.
[Subsec (5) substituted by sec 4 (d) of 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.
[Subsec (6) substituted by sec 4 (e) of Act 24 of 2000.]
5 ......
[Sec 5 substituted by sec 1 of Act 3 of 1997, amended by sec 5 of Act 24 of 2000 and repealed by sec 3 of
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;
[Para (a) substituted by sec 6 (a) of 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 members, as may be determined by the Minister and
specified in the notice establishing the town;
[Para (b) substituted by sec 6 (b) of 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.
(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-
(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.
[Subsec (4) amended by sec 4 (b) of Act 17 of 2002.]
[Sec 6 substituted by sec 2 of Act 3 of 1997.]
PART II
QUALIFICATIONS OF, AND DATES FOR ELECTIONS FOR, MEMBERS OF LOCAL
AUTHORITY COUNCILS, AND MEETINGS OF LOCAL AUTHORITY COUNCILS (ss 7-20)
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 local authority councils
A general election of local authority councils shall be held not later than 28 February 2004
on a date determined by the President by proclamation in the Gazette and thereafter at
intervals not exceeding five years on a date so detemined.
[Sec 8 substituted by sec 1 of Act 14 of 1997 and by sec 5 of Act 17 of 2002.]
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 from the date on which he or she is elected as such a member until
the date immediately before the date on which the next election under section 8 is held in
respect of that local authority council subsequent to his or her election as a member of the
local authority council.
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 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 code of conduct; and
(b) the procedure to be followed before such a sanction may be applied by a local authority
council against a member thereof.
[Subsec (4) added by sec 7 of 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, who shall in each case be
the chairperson and vice-chairperson of the municipal council or town council concerned;
(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.
[Subsec (5) added by sec 8 (b) of 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 the
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.
(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.
(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 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 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 of 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 and delivered to the chief executive officer, resigns as member
of the local authority council; and
(g) is withdrawn by the political party, association or organization which nominated him or her for
election.
(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 and after
having given such member an opportunity to be heard, the Minister is satisfied that such
member is guilty of 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 any sanction
prescribed by the code of conduct under section 10(4) or 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.
(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.
[Sec 13 amended by sec 10 of Act 24 of 2000 and substituted by sec 6 of 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.
[Para (b) amended by sec 50 of Act 24 of 2000.]
(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
(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.
[Para (c) added by sec 11 of 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.
[Subsec (2) substituted by sec 7 of 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
(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) The municipal council of a municipality referred to in Part I of Schedule 1 and, subject
to such conditions as the Minister may impose, the municipal council of a municipality
referred to in Part II of Schedule 1 or a town council or village council, may pay or provide to
its members such remuneration, allowances and other benefits as it may from time to time
determine.
(2) Any remuneration, allowances or other benefits paid or provided by the municipal
council of a municipality referred to in Part II of Schedule 1 or a town council or village
council in terms of subsection (1), shall not exceed such remuneration, allowances or other
benefits as the Minister may from time to time determine in respect of the municipal council,
town council or village council in question.
(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.

[Subsec (1) amended by sec 12 of 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 (ss 21-26)
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.
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 the 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 the management
committee is held, and during such meeting no debate shall be allowed.
(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.
(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.
(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 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).
[Subsec (7) substituted by sec 14 (d) of 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).
[Subpara (ii) substituted by sec 14 (e) of 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;
[Para (d) substituted by sec 8 (a) of Act 17 of 2002.]
(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.
[Para (e) added by sec 8 (c) of Act 17 of 2002.]
[Sec 23 substituted by sec 15 of Act 24 of 2000 and amended by sec 8 (b) of Act 17 of 2002.]
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.
(1A) The ex officio members of a management committee shall have no voting rights at
any meeting of such management committee.
[Subsec (1A) inserted by sec 9 (a) of 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.
(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.
(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.
[Sec 25 substituted by sec 17 of Act 24 of 2000 and by sec 10(1) of Act 17 of 2002.]
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 (ss 27-29)
[Heading to Part IV amended by sec 50 of Act 24 of 2000.]
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(1) (d) -
(a) a municipal council and a town council shall appoint, on the recommendation of its
management committee and after consultation with the Minister, a person as the town clerk
of such municipal council or town council, as the case may be, and a village council shall so
appoint a person as the village secretary of such village council, who shall in each case be
the chief executive officer of the local authority council in question and who shall, 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;
(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;
[Para (b) substituted by sec 18(1) (a) of 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) ;
[Subpara (i) amended by sec 50 of Act 24 of 2000.]
(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;
[Subpara (aa) amended by sec 50 of Act 24 of 2000.]
(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;
[Subpara (bb) amended by sec 50 of Act 24 of 2000.]
(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 staff members to acquire, improve or enlarge
immovable property for residential purposes;
[Subpara (aa) amended by sec 50 of 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 staff members, or otherwise dispose of, let or otherwise deal with
such houses, flats or flat buildings;
[Subpara (bb) amended by sec 50 of 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 or other staff members.
[Subpara (cc) amended by sec 50 of Act 24 of 2000.]
(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 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;
(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 the 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).
[Subpara (iii) added by sec 18(1) (c) of Act 24 of 2000.]
(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.
[Subpara (iv) added by sec 18(1) (c) of Act 24 of 2000.]
(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).
[Subpara (v) added by sec 18(1) (c) of Act 24 of 2000.]
[Subsec (3) substituted by sec 18(1) (b) of Act 24 of 2000.]
(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 in writing by the management
committee, or the village council, as the case may be, for that purpose.
[Subsec (4) substituted by sec 18(1) (d) of 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.
[Para (a) amended by sec 50 of Act 24 of 2000.]
(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.
[Sec 27 amended by sec 50 of Act 24 of 2000.]
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 case of the chief executive officer or a head of a department referred to in section 28,
in the local authority council;
(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.
(2) (a) A management committee or a village council may delegate the power conferred
upon it by subsection (1) (b) or (c) , as the case may be, to the chief executive officer.
[Para (a) substituted by sec 19 (b) of Act 24 of 2000.]
(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.
(5) (a) If a management committee or village council, as the case may be, 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 incapable of carrying out such duties efficiently, the management committee or
village council, as the case may be, shall designate a staff member or staff members in the
service of the local authority council to inquire into such reasons.
[Para (a) substituted by sec 19 (d) of Act 24 of 2000.]
(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) At the conclusion of such inquiry, the officer or employee concerned shall be notified
of the finding of the staff member or staff members conducting the inquiry.
(ii) If it has been found that the staff member concerned is unfit for his or her duties or that
he or she 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 so notified, to the
management committee or village council concerned, as the case may be, against such
finding.
[Subpara (ii) substituted by sec 19 (e) of Act 24 of 2000.]
(d) (i) If the staff member or staff members conducting the inquiry has found that the staff
member concerned is unfit for his or her duties or incapable of carrying them out efficiently,
and such finding has not been set aside upon an appeal in terms of paragraph (c) (ii), the
management committee or the village council concerned, as the case may be, may, having
regard to the documents relating to the finding, 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-
(aa) determine that no further action be taken in the matter;
(bb) transfer him or her to any other post;
(cc) reduce his or her remuneration or grade or both his or her remuneration and grade to an
extent determined by it; or
(dd) discharge him or her from the service of the local authority council from a date to be fixed by
it.
[Subpara (i) amended by sec 19 (f) of Act 24 of 2000.]
(ii) A staff member of a local authority council in respect of whom the management
committee or the village council, as the case may be, has decided to take any action
contemplated in subparagraph (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 chairperson of the regional council
concerned,
[Subpara (ii) substituted by sec 19 (g) of Act 24 of 2000.]
(iii) The right of appeal referred to in subparagraph (ii) shall-

(aa) if the officer or employee concerned has appealed in terms of paragraph (c) (ii), lie against
the finding or the action contemplated in that subparagraph;
(bb) if he or she has not appealed in terms of that paragraph, lie only against such action.
(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).
[Para (e) substituted by sec 19 (h) of Act 24 of 2000.]
(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 officer is employed in a department
established under section 28, the head of the department or other officer in that department
designated for that purpose by such head may charge such officer or employee in writing
with such misconduct, and the charge shall contain or shall be accompanied by a direction
calling upon the officer or employee charged to send or deliver within a reasonable 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) .
(c) If the officer or employee charged admits that he or she is guilty of the charge, he or
she shall be deemed to be guilty of misconduct as charged.
(d) If he or she denies the charge or fails to comply with the direction contemplated in
paragraph (a) , 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 to inquire
into the charge.
[Para (d) substituted by sec 19 (i) of Act 24 of 2000.]
(e) At an inquiry in terms of paragraph (d) the officer or employee charged shall have the
right-
(i) if the misconduct with which he or she is charged amounts to an offence of which he or she
was convicted by a court of law, to show cause why, in his or her opinion, he or she was
wrongly convicted;
(ii) 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) At the conclusion of the inquiry the officer or employee charged shall be notified of
the finding of the staff member or staff members conducting the inquiry.
(ii) 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, to the
management committee or, in the case of a staff member of a village council, to the
chairperson of the regional council concerned, as the case may be, against such finding.
[Subpara (ii) substituted by sec 19 (j) of Act 24 of 2000.]
(g) (i) If the staff member charged is found guilty of the charge by the staff member or staff
members conducting the inquiry, and such finding has not been set aside upon an appeal in
terms of paragraph (f) (ii), or if he or she admits that he or she is guilty of the charge, the
staff member or staff members conducting the enquiry shall recommend to the management
committee or the village council concerned, as the case may be-
(aa) that he or she be cautioned or reprimanded;
(bb) that he or she be transferred to any other post;
(cc) that his or her remuneration or grade or both his or her remuneration or grade be reduced to
an extent recommended; or
(dd) 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,
whereupon, the management committee or the village council concerned, as the case may
be, having regard to the documents relating to the finding, and after affording the staff
member concerned an opportunity to make representations in relation to any intended
action, take such action as it may, with due regard to such recommendations, deem to be fair
and equitable.
[Subpara (i) substituted by sec 19 (k) of Act 24 of 2000.]
(ii) Subject to the provisions of subparagraph (iii), the officer or employee concerned shall
have the right to appeal, within seven days from the date on which he or she is notified of the
action contemplated in subparagraph (i) (bb) , (cc) or (dd) , to the local authority council.
(iii) The right of appeal referred to in subparagraph (ii) shall-

(aa) if the officer or employee concerned has appealed in terms of paragraph (f) (ii), lie against
the finding or the action contemplated in that subparagraph;
(bb) if he or she has not appealed in terms of that paragraph, lie only against such action.
(h) (i) The provisions of paragraphs (a) to (e) , (f) (i) and (g) (i) shall apply mutatis
mutandis in relation to a chief executive officer or a head of a department referred to in
section 28 who is accused of misconduct.
(ii) For purposes of subparagraph (i)-

(aa) the reference in paragraph (a) to the chief executive officer or the head of a department or
officer designated by such head, shall be construed as a reference to the local authority
council;
(bb) the reference in paragraph (d) to a management committee or a village council, shall be
construed as a reference to the Minister;
[Subpara (bb) substituted by sec 19 (l) of Act 24 of 2000.]
(cc) the reference in paragraph (d) to a staff member or staff members in the service of the local
authority council, shall be construed as a reference to any person or persons;
[Subpara (cc) amended by sec 50 of Act 24 of 2000.]
(dd) the references in paragraphs (f) (i) and (g) (i) to the staff member or staff members
conducting the inquiry, shall be construed as references to the person or persons
contemplated in item (cc) ;
[Subpara (dd) amended by sec 50 of Act 24 of 2000.]
(ee) the reference in paragraph (g) (i) to a management committee shall be construed as a
reference to the local authority council, and to a village council shall be construed as a
reference to the chairperson of a regional council.
[Subpara (ee) substituted by sec 19 (m) of Act 24 of 2000.]
(7) For purposes of this section any reference to the designation of any staff member in
the service of the local authority council to hold an inquiry in terms of subsection (5) (a) or
subsection (6) (d) , and any reference to the town clerk, a head of a department or other staff
member designated to charge another staff member with misconduct in terms of subsection
(6) (a) , shall include a legal practitioner enrolled under the Legal Practitioners Act, 1995 (Act
15 of 1995), appointed by the local authority council for such purpose.
[Subsec (7) added by sec 19 (n) of Act 24 of 2000.]
(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.
(9) For the purposes of subsection (8), sections 51 and 112 of the Magistrates Court Act,
1944 (Act 32 of 1944), shall apply mutatis mutandis .
[Sec 29 amended by sec 50 of Act 24 of 2000.]
PART V
POWERS, DUTIES, FUNCTIONS, RIGHTS AND OBLIGATIONS OF LOCAL AUTHORITY
COUNCILS (ss 30-33)
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,
bussiness 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 2 of 2000), to supply
electricity or gas to the residents in its area;
[Para (f) substituted by sec 12 (a) of Act 17 of 2002.]
(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;
[Subpara (vii) substituted by sec 12 (b) of Act 17 of 2002.]
(viii) pounds;
(ix) nurseries;
(x) a traffic service;
[Subpara (x) added by sec 20 (a) of 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 buy, hire or otherwise acquire, with the prior approval
of the Minister and subject to such conditions, if any, as may be determined by him or her,
any 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 to so sell,
let, hypothecate or otherwise dispose of or encumber any such immovable property;
(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 or any other
law 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 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;
[Subpara (iv) added by sec 2 (b) of Act 14 of 2004.]
[Para (u) substituted by sec 20 (b) of Act 24 of 2000 and amended by sec 2 (a) of Act 14 of 2004.]
(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 2 of 1998), a building society as defined in section 1 of the
Building Societies Act, 1986 (Act 2 of 1986), the Savings Bank as defined in section 1 of the
Posts and Telecommunications Companies Establishment Act, 1992 (Act 17 of 1992), or
such other financial institution as may be approved by the Minister;
[Para (y) substituted by sec 12 (c) of 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;
[Para (aa) substituted by sec 20 (c) of 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;
[Para (ab) added by sec 20 (c) of 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;
[Para (ac) added by sec 20 (c) of Act 24 of 2000.]
(ad) to promote, subject to the provisions of any other law, tourism;
[Para (ad) added by sec 20 (c) of 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,
[Para (ae) added by sec 20 (c) of Act 24 of 2000.]
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.
[Subsec (3) substituted by sec 20 (d) of Act 24 of 2000, by sec 12 (d) of Act 17 of 2002 and by sec 2 (c) of
Act 14 of 2004.]
(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 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
(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.
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
[Sec 31A inserted by sec 22 of 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 (ss 34-37)
34 Construction of water works
(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 which is necessary for, or conducive to, the
power of supplying water to the residents in its area.
[Para (f) added by sec 23 of Act 24 of 2000.]
(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
[Para (a) substituted by sec 24 of Act 24 of 2000.]
(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 conditions, if any, as may be determined by the local authority council-
(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;
[Para (c) substituted by sec 25 of 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 R2 000 or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
(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
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 (ss 38-34)
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;
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.
[Para (f) added by sec 26 of Act 24 of 2000.]
(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 wash-
basins,
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
may be necessary in order to comply with such notice and recover the costs connected
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,
imprisonment.
(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).
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 (ss 45-47)
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-
(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,
imprisonment.
PART IX
STREETS AND PUBLIC PLACES (ss 48-51)
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 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.
(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 14 days after the date of the
publication of such notice.
(b) A copy of the notice referred to in subsection (1) shall within 14 days 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-
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$2 000 or to imprisonment for a
period not exceeding six months or to both such fine and such imprisonment.
[Subsec (6) added by sec 27 (b) of Act 24 of 2000.]
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),
imprisonment.
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.
PART X
SUPPLY OF ELECTRICITY AND GAS (ss 52-55)
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;
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).
[Sec 54A inserted by sec 28(1) of Act 24 of 2000.]
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,
imprisonment.
(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.
may be necessary in order to comply with such notice and recover the costs connected
PART XI
PUBLIC TRANSPORT SERVICES (s 56)
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 (ss 57-62)
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 banking institution as defined in section 1 of the Banking Institutions Act, 1998 (Act
2 of 1998), or a building society as defined in section 1 of the Building Societies Act, 1986
(Act 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.
[Para (c) substituted by sec 13 of Act 17 of 2002.]
(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 (ss 63-65)
63 Circumstances in which Minister's approval for selling, letting, disposal,
hypothecation, encumbrance or acquisition of immovable property is not required
(1) Notwithstanding the provisions of section 30(1) (t) , but subject to the provisions of
subsections (2) and (3) of this section, the approval of the Minister shall not be 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 one year;
(b) the selling or disposal, or letting, hypothecation or encumbrance of immovable property other
than townlands or any portion of such townlands by the municipal council of a municipality
referred to in Part I of Schedule 1;
(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 referred to in paragraph (b) of subsection (1) shall, before any
immovable property so referred to is sold, disposed of, or let, hypothecated or otherwise
encumbered, whether by way of public auction or tender or private transaction, 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
objection 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.
(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-
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 public auction or tender.
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)
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.

65 Acquisition of ownership of immovable property of local authority councils by
prescription
Notwithstanding the provisions of the Prescription Act, 1969 (Act 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.
PART XIV
VALUATION OF RATEABLE PROPERTY WITHIN LOCAL AUTHORITY AREAS (ss 66-72)
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 may by
notice in the Gazette declare that a general valuation of rateable properties must be held in
all local authority areas as soon as possible after the date specified in the notice and,
thereafter, at intervals of not more than five years of the date so specified, and 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 as 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 at
intervals of not more than five years as from the date determined by the Minister in terms of
that subsection, and with effect from a date to be determined and made known by the local
authority council by notice in the Gazette .
67 Appointment and powers, duties and function 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 fit and proper person as 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.
(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 for 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;
(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.
[Subsec (5A) inserted by sec 31 (b) of 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;
[Para (a) substituted by sec 32 of 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 15 of 1995).
(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-
(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.
(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 (ss 73-78)
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.
[Subsec (1A) inserted by sec 34 (a) of 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.
[Subsec (1B) inserted by sec 34 (a) of 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 the 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 18 of 1954).
(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;
[Subpara (iii) added by sec 34 (c) of 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 at a date within two months after the receipt of the audited
statements in which the deficit in question is reported;
[Para (b) substituted by sec 35 of Act 24 of 2000.]
(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;
(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 organisation on which any trade is carried on for gain.
(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.
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 judgement debt of a magistrate's court.
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.
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 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, in the case of a registration of
transfer in terms of the Deeds Registries Act, 1937 (Act 47 of 1937), a conveyancer's
certificate or, in the case of a registration of transfer in terms of the Registration of Deeds in
Rehoboth Act, 1976 (Act 93 of 1976), the document referred to in section 48 of the last-
mentioned Act, certifying-
(a) that 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; or
(b) 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.
[Para (b) substituted by sec 14 of Act 17 of 2002.]
[ Sec 78 amended by sec 7 of Act 35 of 1994 and substituted by sec 39 of Act 24 of 2000.]
PART XVI
ALTERNATIVE SYSTEM OF RATING FOR TOWN COUNCILS AND VILLAGE COUNCILS
(s 79)
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 and 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 (s 79A)
[Part XVIA (sec 79A) inserted by sec 15 of 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.
PART XVII
FINANCIAL MATTERS (ss 80-87)
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 any unexpended portion of its funds with a banking
institution as defined in section 1 of the Banking Institutions Act, 1998 (Act 2 of 1998), a
building society as defined in section 1 of the Building Societies Act, 1986 (Act 2 of 1986),
the Savings Bank as defined in section 1 of the Posts and Telecommunications Companies
Establishment Act, 1992 (Act 17 of 1992), or such other financial institution as may be
approved by the Minister.
(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
[Para (a) amended by sec 16 (b) of Act 17 of 2002.]
(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.
[ Subsec (3A) inserted by sec 40 of Act 24 of 2000 and amended by sec 16 (c) of 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 approval.
[ Subsec (1) substituted by sec 41 of Act 24 of 2000.]
(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.
[ Subsec (3) substituted by sec 42 of Act 24 of 2000.]
(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 (ss 88-96)
88 Public meetings for purposes of discussion of matters of public interest
(1) The chairperson of a local authority council may, if he or she deems it fit, and shall,
upon a request in writing signed by at least 10 per cent of the voters registered in terms of
the laws governing elections for members of local authority councils in respect of such local
authority council, convene a meeting of the local authority council to which the public is
invited by public notice in any newspaper circulating within the local authority area and 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 such request, on such date and at such
time and public place within the local authority area as may be determined by the
chairperson.
(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.
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.
(2) (a) If any such natural channel or banks are situated on private land, the local authority
council may by notice in writing addressed and delivered to the owner of such land require
such owner to clean and free such channel or banks from such obstruction within such
period as may be specified in such notice.
90A Power to enter immovable property for performance of certain functions
(1) If any water main, stormwater drain or public sewer or any cables, wires or conduits
forming part of the main of a local authority council for conveying electricity or gas, are
placed or installed on or are laid on or across any immovable property, whether underground
or overhead, the local authority council concerned may authorise any staff member of the
local authority council or any other person to enter such immovable property for the purpose
of performing any work in connection with the inspection, maintenance, removal,
replacement or renewal of any of such works or accessories thereof.
(2) Any person who is authorised by a local authority council to enter any immovable
property for any purpose contemplated in subsection (1), may-
(a) be accompanied by such other persons as may be reasonably required for carrying out the
work;
(b) take onto such immovable property such goods, equipment and materials as may be
reasonably required for purposes of carrying out the work;
(c) make such excavations or erect such equipment as may be reasonably required for the
purposes of carrying out the work;
(d) require from the owner of the property to remove any tree, shrub or growth or any fence or
other obstacle preventing or impeding such excavations to be made or such equipment to be
erected, and, in the event of such owner refusing or failing to comply with any such request
reasonably made, cause any such obstacle to be removed in such manner as such
authorised person considers necessary or expedient.
(3) A person authorised as contemplated in subsection (1) shall, except in a case of an

emergency or if for other reasonable cause he or she is unable to give prior notice, give
reasonable notice to the owner or occupier of the immovable property concerned of his or
her intention to enter onto such property and of the nature of the work to be carried out.
(4) Any person acting under an authorisation under subsection (1) shall cause the work in
question to be carried out in such a manner as to limit any damage to the property
concerned or any fixtures thereon and to cause as little inconvenience as possible to the
persons occupying the property.
(5) The local authority council concerned shall be responsible to repair or pay
compensation for any damage caused to the property or any fixture thereon in the carrying
out of work in terms of this section.
(6) To the extent that this section interferes with the right to privacy of any person, such
interference is authorised on the grounds of public safety and economic well-being as
contemplated in Article 13(1) of the Namibian Constitution.
[ Sec 90A inserted by sec 43 of Act 24 of 2000.]
91 Right of entry upon private land by local authority councils
(1) Subject to the provisions of subsection (2), the chief executive officer or any other staff
member of a local authority council may, in order to exercise any power or perform any duty
or function conferred or imposed by this Act-
(a) at all reasonable times enter upon any land or place where any combined private sewer,
private sewer, sewage works, water-main or waterworks have been constructed;
(b) make such investigations and inquiries as may be necessary to determine whether the
provisions of this Act or any term and condition, direction or order determined, given or made
under this Act is being complied with.
(2) The chief executive officer or other staff member referred to in subsection (1) shall
before exercising any powers under that subsection, identify himself or herself to the owner,
occupier or other person in charge of the land or place in question.
(3) (a) The owner, occupier or person in charge of the land or place in question shall
provide the chief executive officer or other staff member referred to in subsection (1) with
such reasonable facilities or assistance as may be necessary for the exercise of the powers
or the performance of the duties and functions conferred or imposed upon such chief
executive officer or officer or employee of a local authority council in terms of this Act.
(b) Any person who contravenes or fails to comply with the provisions of paragraph (a)
imprisonment for a period not exceeding six months.
91A Power to set aside reception areas
(1) A municipal council and a town council may in its local authority area set aside
reception areas for the construction and erection of informal housing structures or buildings.
(2) For the purposes of subsection (1) "informal housing structures or buildings" means
structures or buildings of a temporary nature which is not a dwelling house, incremental
house or initial self-help dwelling as contemplated in the National Housing Development Act,
2000.
92 Failure by local authority councils to exercise or perform its powers, duties and
functions
(1) If, in the case of a local authority council other than the municipal council of a
municipality referred to in Part I of Schedule 1, the Minister is satisfied-
(a) that a local authority council is unable to exercise the powers and perform the duties and
functions by law conferred and imposed on such council;
(b) on account of a report by the Auditor-General after conducting an ordinary audit or
conducting an audit at the request of the Minister-
(i) that the local authority council is unable to meet its financial commitments; or
(ii) that no proper control is exercised over the assets and liabilities of the local authority council;
or
(c) that the local authority council does not comply with the requirements of section 14(1) (a) in
relation to the holding of meetings,
the Minister may by notice in writing, after having given such local authority council an
opportunity to submit representations to him or her, instruct such local authority council to
take such steps in order to rectify the issues concerned, within the period of time and in
accordance with any details and directives, as specified in the notice.
(2) If a local authority council fails to comply with or to adhere to an instruction under
subsection (1), the Minister may by notice in the Gazette -
(a) declare that all the powers, duties and functions of the local authority council, or any thereof
as specified in the notice, shall be vested in the Minister; and
(b) remove or suspend the members of such local authority council from office, if all the powers,
duties and functions of the local authority council are vested in the Minister under paragraph
(a) .
[Para (b) substituted by sec 17 (a) of Act 17 of 2002.]
(3) The Minister may declare at any time by notice in the Gazette , after consultation with
the local authority council concerned, such local authority council to be re-vested, with effect
from a date specified in the notice, with the powers, duties and functions which in terms of a
notice under subsection (2) were vested in the Minister.
(4) A notice under subsection (2) shall provide for an election of members of such local
authority council to be held on a date specified in the notice, which date shall not be later
than three months after the date of publication of the notice, but if a general election for
members of local authority councils is to be held within six months after the date of the notice
concerned, the election provided for in the notice shall not be held.
(5) If the members of a local authority council have been removed or suspended under
subsection (2) (b) , the Minister-
(a) shall have, and may exercise and perform, the powers, duties and functions conferred or
imposed upon the local authority council by law; and
(b) may authorise in writing any other person to exercise or perform any of those powers, duties
and functions, subject to the directions and control of the Minister,
until the election contemplated in subsection (4) has taken place.
(6) If an election is to be held by virtue of the provisions of subsection (4), such election
shall be deemed to be an election of members of the first local authority council of a newly
established local authority area.
(7) A local authority council elected at an election referred to in subsection (6) shall be
deemed, for the purposes of sections 11(2) (a) , 14(1) (a) and 21(2) (a) , to be a new local
authority council.
[ Sec 92 substituted by sec 45 of Act 24 of 2000.]
92A Delegation of powers and assignment of functions and duties
(1) The Minister may in writing-

(a) delegate any power conferred upon him or her by or under any provision of this Act,
excluding the power to make regulations;
(b) assign the performance of any function or duty entrusted to him or her by or under this Act,
to any staff member in the Ministry of Regional and Local Government and Housing.
(2) A delegation or assignment under subsection (1) may be made subject to such
conditions or restrictions as the Minister may determine, as the case may be, and may be
withdrawn or amended by him or her.
(3) The Minister shall not be divested of a power or function or duty delegated or assigned
by him or her in terms of subsection (1), and may amend or withdraw any decision made in
the exercise of such delegated powers or performance of such assigned functions or duties.
(4) If a power or function is delegated or assigned under subsection (1) to the holder of an
office, such delegation or assignment shall be deemed to have been made to the holder for
the time being of the office or to any person at any time lawfully acting in the capacity of such
holder.
93 Service of documents
(1) Any document, notice or other communication required or authorized under the
provisions of this Act to be served, given or delivered to any person by the Minister, a local
authority council, the chief executive officer or other staff member shall be deemed to have
been served, given or delivered-
(a) if delivered to such person personally;
(b) if despatched by registered post addressed to such person at his or her last known address
which may be any such place or office as is referred to in paragraph (c) or his or her last
known post office box number or private bag number or that of his or her employer or
accredited agent, if any;
(c) if left with some adult person apparently residing at or occupying or employed at his or her
last known abode or office or place of business; or
(d) in the case of a company-
(i) if delivered to the public officer of the company;
(ii) if left with some adult person apparently residing at or occupying or employed at its
registered address;
(iii) if despatched by registered post addressed to the company or its public officer at its or his or
her last known address, which may be any such office or place as is referred to in
subparagraph (ii) or its or his or her last known post office box number or private bag number
or that of its or his or her employer; or
(iv) if transmitted by means of a facsimile transmission to the person concerned at the registered
office of the company.
(2) Any document, notice or other communication referred to in subsection (1) which has
been served, given or delivered in the manner contemplated in paragraph (b) or (d) (iii) of
that subsection shall, unless the contrary is proved, be deemed to have been received by the
person to whom it was addressed at the time when it would, in the ordinary course of post
have arrived at the place to which it was addressed.
93A Prima facie proof of amounts due and payable
If an amount is due and payable to a local authority council in terms of this Act or any
other law, an amount specified in a certificate to that effect signed by the accounting officer
of the local authority council shall be prima facie proof of the amount due.
94 Regulations by local authority councils
(1) A local authority council may, after consultation with the Minister, make regulations by
notice in the Gazette in relation to-
(a) the supply, distribution and use of water in its local authority area, including-
(i) subject to the provisions of the Water Act, 1956 (Act 54 of 1956), the prohibition, restriction,
regulation and control of the sinking, maintenance or use of boreholes or wells;
(ii) the quantity of water to be supplied to immovable property within or outside such area;
(iii) the size, discharge capacity, nature, materials, strength and workmanship and the mode of
arrangement, connection, disconnection, alteration and repair of water fittings or fixtures to
be used;
[ Subpara (iii) substituted by sec 48 (b) of Act 24 of 2000.]
(iv) the standard or quality of water fittings to be used;
(v) the use of water fittings which are not of any particular standard or quality or which are of
such a nature or so arranged or connected as to cause or permit, or be likely to cause or
permit, waste, undue consumption, misuse, erroneous measurement or contamination of
water, or reverberation of pipes;
(vi) the manner in which, the persons by whom and the places where connections may be
made;
(vii) the cutting off of water on account of failure to pay any charges or fees determined in
respect of the supply of water or on account of the contravention of any provision relating to
waste, misuse or contamination of water;
(viii) the protection from pollution of water;
(ix) the washing in, or in any manner defiling or polluting the water in drinking troughs provided
for the use of animals;
(ixA) the restriction or prohibition of the use of water for particular purposes or during specified
hours and any measures required to be taken or fittings, fixtures or equipment to be installed
or provided for the purpose of conserving water or curtailing the evaporation of water from
swimming pools or other open structures or containers ordinarily used for containing water;
[ Subpara (ixA) inserted by sec 48 (c) of Act 24 of 2000.]
(x) generally for the protection from damage or injurious use of any waterworks, watermains,
leadings and fittings of the local authority council, whether within or outside such area;
(b) the regulation, protection and use of a system of sewerage and drainage, including-
(i) the types of sanitary conveniences, baths and wash-basins which may discharge into a public
sewer;
(ii) the connection of such sanitary conveniences, baths and wash-basins to such system of
sewerage and the construction of private sewers;
(c) the provision, regulation and control for the removal or disposal of nightsoil, refuse, slop
water, garden and stable litter and otherwise offensive or unhealthy matter;
(d) subject to the provisions of the Road Traffic and Transport Act, 1999 (Act 22 of 1999), and
the Roads Ordinance, 1972 (Ordinance 17 of 1972), the regulation and control of-
(i) traffic, processions, performances, singing, dancing and gathering in streets and public
places;
(ii) the use in streets and public places of loudspeakers and other devices for the reproduction
or amplification of sound;
(iii) the maintenance of order in streets and public places;
(iv) the temporary closure of streets and public places for the purpose of construction, repairs,
possessions, festivities or similar events or on account of serious illness, fire or other
emergency;
(v) the conveyance of articles, burdens or loads;
(vi) the overhanging or encroaching of trees and shrubs upon private property or the obtruding
thereof into streets or public places;
(vii) the use of streets by fire brigades, ambulances, street watering vehicles and vehicles used
in connection with repair and servicing of overhead electrical wires;
(viii) the use of streets and public places by animal drawn traffic of any description or by
particular classes of traffic;
(ix) the driving, riding or leading of livestock in streets or public places;
(x) the use of cycles and vehicles, whether propelled by mechanical means or otherwise, and
whether used for private or other purposes on any street or public place;
(xi) the obstruction of streets and public places;
(xii) the use of parking garages and areas designated for the parking of vehicles;
[Para (d) amended by sec 18 (a) of Act 17 of 2002.]
(e) the regulation and control of scaffolding and decorations in streets and the erection and
removal of temporary platforms, seats and other structures for the use of the public at any
meeting or entertainment or for the accommodation of spectators at any procession,
ceremony or display of any kind;
(f) the regulation of the naming from time to time of streets, and the numbering of houses,
buildings and places in such streets;
(g) the prohibition, restriction, regulation and control of begging in streets or public places and
the soliciting or touting for employees or for business or trade;
(h) subject to the provisions of the Children's Act, 1960 (Act 33 of 1960), and the National
Welfare Act, 1965 (Act 79 of 1965), the regulation of the collection of money in streets and
public places therein or from door to door for charitable or other purposes;
(i) the regulation and control of street lines and building lines;
(j) the supply of electricity and gas, including the prohibition, restriction and use of electrical
appliances, and the cutting off of electricity or gas on account of failure to pay any charges or
fees determined in respect of the supply of electricity or gas;
(k) the regulation, control and use of cemeteries or crematoriums under the management and
control of a local authority council and internments in such cemeteries;
(l) the restriction, regulation and control of quarries in order to prevent the creation of public
nuisances, sources of danger or the destruction or impairment of scenic or other amenities;
(m) subject to the provisions of the said Road Traffic and Transport Act, 1999, the regulation,
control and use in its local authority area of public motor vehicles;
[Para (m) substituted by sec 18 (b) of Act 17 of 2002.]
(n) the granting of loans in terms of housing schemes and the administration of such housing
schemes;
(o) the regulation, control, maintenance and use of markets and sales to the public at such
markets;
(p) subject to the provisions of the Public Health Act, 1919 (Act 36 of 1919), and the Abattoir
Industry Act, 1976 (Act 54 of 1976)-
(i) the prohibition, restriction, regulation and control of the slaughter of bovine and equine
animals, sheep, goats, pigs, poultry and ostriches;
(ii) the preservation and safeguarding of public health;
(iii) the prevention and treatment of infectious or contagious diseases;
(q) subject to the provisions of the Aviation Act, 1962 (Act 74 of 1962), and the Aerodrome
Ordinance, 1963 (Ordinance 12 of 1963), the regulation, control and use of aerodromes and
the rendering of services connected therewith;
(r) the regulation, control and use of-
(i) ambulance services;
(ii) dipping tanks and disinfecting apparatuses;
(iii) museums and libraries;
[ Subpara (iii) substituted by sec 48 (d) of Act 24 of 2000.]
(iv) pounds;
(v) nurseries;
(vi) fire brigades;
(s) the establishment, regulation and control of bands and orchestras;
(t) the regulation of the erection and construction in local authority areas of depots or cold
storage works for purposes of the storage of meat, milk and food intended for public sale,
and the regulation, control and use of such depots or cold storage works;
(u) the conditions subject to which bursaries and loans may be granted by local authority
councils for educational purposes;
(v) the regulation of the power of the local authority council to enter into any contracts for the
furnishing of supplies and services to, or for the hiring or letting of anything or the acquisition
or granting of any right for or on behalf of, the local authority council;
(w) the prevention and abatement of public nuisances, including the restriction, regulation and
use of bells, hooters and similar instruments on vehicles;
(x) the regulation, control and use of public recreational areas and of structures and appliances
provided in such areas for the amusement or recreation of the public, whether on public or
private property;
(y) the prohibition, restriction, regulation and control of the construction, and the regulation and
control of maintenance and use, of public baths and public swimming baths;
(z) the prohibition, restriction, regulation and control of boating and fishing on or in dams;
(aa) the regulation of the erection, construction and use of places of public entertainment;
(ab) the prohibition, restriction, regulation and control of camping, and the regulation, control and
use of camping sites and rest camps;
(ac) ......
[ Para (ac) deleted by sec 48 (e) of Act 24 of 2000.]
(ad) the restriction, regulation and control of the use of common pasture and townlands,
including a prohibition on the removal of soil, sand, clay, stones, gravel, firewood; vegetation
or any other materials from such land;
[ Para (ad) substituted by sec 48 (f) of Act 24 of 2000.]
(ae) the prohibition, restriction, regulation and control of advertising in any manner whatsoever
and the posting of bills or other material on streets, walls, roofs of buildings, fences, land,
rocks, trees or other natural features;
(af) subject to the provisions of the Municipal Dog Tax Ordinance, 1967 (Ordinance 13 of 1967),
and the Nature Conservation Ordinance, 1975 (Ordinance 4 of 1975), the prohibition,
restriction, regulation and control of the keeping of animals, including wild animals, bees or
birds, and the preservation and protection of wild animals, bees or birds and their nests and
eggs;
(ag) the prohibition, restriction, regulation and control of the construction, erection and use, and
the regulation and control of maintenance and demolition of buildings, including informal
housing structures or buildings in reception areas contemplated in section 91A;
[ Para (ag) substituted by sec 48 (g) of Act 24 of 2000.]
(ah) subject to the provisions of the said Public Health Act, 1919, and the Food, Drugs and
Disinfectants Ordinance, 1952 (Ordinance 36 of 1952), the prohibition, restriction, regulation
and control of the introduction into, and the possession and sale for the purposes of human
consumption or the handling (otherwise than for the purpose of destruction), in, local
authority areas of diseased animals, diseased meat, fish or other articles of food or drink
unfit for human consumption;
(ai) the regulation and control in its local authority area, and the maintenance of funeral parlours
or mortuaries;
(aj) the prohibition, restriction, regulation and control of the conducting of any trade or
occupation or other activity for gain, including-
(i) the prohibition of the conducting of any business or occupation or other activity for gain on or
from any premises which are not registered with the local authority council;
(ii) the prohibition of the conducting of any business or occupation or any other activity for gain
in or alongside streets and other public places, except in an area or at a place allocated by
the local authority council for the purpose or otherwise than under the authority of a permit
obtained from the local authority council; and
(iii) the application procedure and requirements for the registration of premises referred to in
subparagraph (i) and for the granting of permits referred to in subparagraph (ii), including the
fees, if any, payable in respect thereof;
(iv) the imposing of conditions for the conducting of the business, occupation or other activity for
gain, including the display of permits referred to in subparagraph (iii);
(v) the prohibition of the obstruction of pedestrians and traffic; and
(vi) the regulation and control of the removal of persons illegally conducting any business,
occupation or other activity for gain, and the impounding of goods, including the disposal of
impounded goods;
[Subpara (vi) substituted by sec 18 (c) of Act 17 of 2002.]
[ Para (aj) substituted by sec 48 (h) of Act 24 of 2000.]
(ak) subject to the provisions of the Locust Suppression Proclamation, 1923 (Proclamation 34 of
1923), and the Agricultural Pests Ordinance, 1927 (Ordinance 11 of 1927), the prevention
and destruction of locusts and other noxious insects and agricultural pests;
(al) the prohibition, restriction, regulation and control of the erection and construction, and the
regulation and use, of cowsheds, milking places and dairies and other livestock;
(am) the procedure to be followed in respect of property of local authority councils to be sold by
way of tender or public auctions;
(an) the destruction or disposal of any abandoned movable property found in public places;
(ao) the restriction, regulation and control of handcarts and other vehicles of a similar nature not
propelled by animal or mechanical power;
(ap) the regulation and control of the use of immovable property;
(aq) the enclosure of residential buildings with solid boundary walls;
(ar) the valuation of rateable property by valuers and valuation courts;
(as) the registration, and cancellation of any such registration, of contractors undertaking to
carry out electrical or plumbing or drain-laying work in connection with systems of electrical
supply or water supply or sewerage or drainage, and the qualifications required of applicants
for such registration, and the control or prohibition of the undertaking of any such work by
persons who are not so registered;
[ Para (as) added by sec 48 (i) of Act 24 of 2000.]
(at) the registration, regulation, control or prohibition of newspaper and magazine vendors and
the handing out of brochures and pamphlets in streets and residential areas, or certain
streets and certain residential areas, including-
(i) the designation of places or areas for the selling of newspapers and magazines and the
handing out of brochures and pamphlets; and
(ii) the issuing of identification cards limiting the bearer to a site specified therein for purposes of
selling newspapers and magazines or handing out brochures and pamphlets;
[ Para (at) added by sec 48 (i) of Act 24 of 2000.]
(au) the procedure to be followed during the receiving of payments by local authority councils,
and the issue of receipts in respect thereof, including the signing and co-signing of receipts,
[ Para (au) added by sec 48 (i) of Act 24 of 2000.]
and, in general, in relation to any matter which the local authority council may consider
necessary or expedient to prescribe or regulate in order to attain or further the objects of this
Act.
(2) (a) The Minister may make model regulations in relation to any matter referred to in
subsection (1).
(b) Until a local authority council other than the municipal council of a municipality referred
to in Schedule 1 makes regulations under subsection (1), the model regulations made under
paragraph (a) shall apply to any such local authority council, except to the extent as such
local authority council may, after consultation with the Minister, determine otherwise by notice
in the Gazette .
(2A) A local authority council may in any regulation made by it under subsection (1)-
(a) adopt any model regulations made under subsection (2), or any part thereof, as its own
regulations merely by reference to such model regulations; and
(b) amend, subject to subsection (1), the provision of such model regulations to such extent as
the local authority council may consider necessary or expedient for its purposes.
[ Subsec (2A) inserted by sec 48 (j) of Act 24 of 2000.]
(2B) The Minister may, if he or she considers it advisable in the public interest-
(a) direct in writing any town council or village council to adopt any model regulations, or part
thereof, made under subsection (2), as may be specified by the Minister; and
(b) adopt, if the town council or village council fails to comply with such direction within three
months, by notice in the Gazette such model regulations or part thereof for and on behalf of
such council.
[ Subsec (2B) inserted by sec 48 (j) of Act 24 of 2000.]
(2C) If any model regulations adopted by or for and on behalf of a local authority council
under subsection (2A) or (2B), as the case may be, are-
(a) repealed or substituted in toto by the Minister, such regulations shall remain of full force and
effect as the regulations of such local authority council as if such repeal or substitution had
not occurred;
(b) amended by the Minister, such amendment by the Minister shall be applicable to such local
authority council, except an amendment to a particular provision of such regulations which
has been amended by the local authority council under subsection (2A) (b) .
[ Subsec (2C) inserted by sec 48 (j) of Act 24 of 2000.]
(3) Different regulations may be made under subsection (1) or (2) in respect of different
areas within a local authority area.
(4) A regulation made under subsection (1) or (2) may in respect of any contravention
thereof or a failure to comply therewith prescribe a penalty not exceeding a fine of R2 000 or
imprisonment for a period not exceeding six months.
(5) (a) All regulations shall, for the purposes of Article 111(5) of the Namibian Constitution,
be tabled by the Minister in the National Assembly within 14 days after promulgation thereof
if the National Assembly is then in ordinary session or if the National Assembly is not in
ordinary session, within 14 days after the commencement of its next ensuing ordinary
session, and shall remain on the Table of the National Assembly for a period of not less than
28 consecutive days, and if that session is terminated before the said 28 days have elapsed,
such regulations shall again be tabled within 14 days after the commencement of its next
ensuing ordinary session.
(b) If the National Assembly passes a resolution referred to in the said Article 111(5) during
the said period of 28 days in respect of any regulations tabled in terms of paragraph (a) or
any provision thereof, such resolution shall not affect the validity of anything done in terms of
such regulations or of such provision thereof up until the date immediately before the date
when such resolution was so passed, or to any right, privilege, obligation or liability acquired,
accrued or incurred as at the said date in terms of such regulations or such provision thereof.
(c) For the purposes of this subsection, "regulations" shall mean any regulations made
under subsection (1) or (2) or any determination under subsection (2).
[ Sec 94 amended by sec 48 (a) of Act 24 of 2000.]
94A Regulations by Minister
(1) The Minister may make regulations relating to-

(a) the establishment and composition of local tender boards, including-
(i) the tenure and vacation of office and the remuneration, if any, of members of local tender
boards;
(ii) the disclosure of interest by members of local tender boards;
(iii) the powers and functions of local tender boards;
(iv) committees of local tender boards and the delegation of powers;
(v) meetings and decisions of local tender boards;
(vi) invitation of tenders and applications for pre-qualification;
(vii) contents of applications for pre-qualification;
(viii) final invitations of tenders where applications for pre-qualification have been invited;
(ix) contents of title of tender;
(x) examination, evaluation, comparison and non-acceptance of tenders;
(xi) acceptance of tenders and entry into force of agreements;
(xii) exemption, if any, from tender procedures;
(xiii) the performance of administrative work;
(xiv) expenditure;
(xv) the conclusion or cancellation of agreements;
(xvi) the procurement of goods and services for local authorities;
(xvii) the letting or hiring of anything on behalf of local authorities;
(xviii) the acquisition or granting of rights for or on behalf of local authorities;
(xix) the disposal of property of local authorities;
(xx) the procedure and quorum at meetings of local tender boards and any committee thereof,
including the manner of voting and the number of votes required for a decision of a local
tender board;
(xxi) decisions of a local tender board;
(xxii) the granting by a local tender board of price preferences when comprising tenders,
including the basis on which such preferences may be granted;
(xxiii) the imposition by a local tender board of a monetary penalty, calculated on such basis as
may be prescribed, on any person with whom a local tender board has concluded an
agreement on behalf of a local authority on the strength of a misrepresentation by that
person, or on the strength of information furnished by that person which, after the conclusion
of such agreement, is shown to have been incorrect information, including the manner in
which any such penalty may be recovered;
(xxiv) the recovery of expenses, losses or damages incurred or suffered by a local authority;
(xxv) a code of procedure relating to tender boards;
(xxvi) generally, all matters in respect of which the Minister considers it necessary or expedient
to make regulations in order to achieve any objects relating to tender board matters;
(b) the circumstances under which a local authority council may enter into joint business
ventures, including-
(i) the type of businesses with which a local authority council may enter into a joint business
venture;
(ii) the purposes for which income derived from a joint business venture may be utilised;
(iii) the approval required, if any, and the conditions which may be imposed before a local
authority council may enter into a joint business venture;
(iv) the form of a joint business venture;
(v) the alienation, encumbrance or disposal of shares, assets or other interests in a joint
business venture;
(vi) the obtaining of shares or other interests in a joint business venture by-
(aa) a member or staff member of a local authority council; or
(bb) any other person-
(ab) who is related to such member, whether by affinity or consanguinity;
(ac) who is a member of the household of such member;
(ad) with whom such member is in terms of the traditional laws and customs a partner in a
customary union; or
(ae) who is a partner, agent or business associate of such member;
(vii) the ratio of representation of a local authority council on the management body of a joint
business venture;
(viii) the particulars which may be incorporated in the documents stating the objects and
purposes of a joint business venture;
(ix) the authority to which the accounting records and financial statements of a joint business
venture shall be submitted;
(c) the circumstances under which a local authority council may commercialise any service
rendered or function or duty exercised or carried out by it, including-
(i) the nature of the commercialisation concerned;
(ii) the approval required, if any, and the conditions which may be imposed before a local
authority council may commercialise a service, duty or function;
(iii) the alienation, encumbrance or disposal of shares, assets or other interests in a
commercialised business;
(iv) the obtaining of shares or other interests in a commercialised business by-
(aa) a member or staff member of a local authority council; or
(bb) any other person-
(ab) who is related to such member, whether by affinity or consanguinity;
(ac) who is a member of the household of such member;
(ad) with whom such member is in terms of the traditional laws and customs a partner in a
customary union; or
(ae) who is a partner, agent or business associate of such member;
(v) the particulars which may be incorporated into the documents stating the objects and
purposes of a commercialised business;
(vi) the authority to which the accounting records and financial statements of a commercialised
business shall be submitted;
(d) the procedures to be followed by a local authority council when appointing any staff member,
including the town clerk, and the re-appointment of any such person, including the form of
and the procedures relating to the application for appointment or re-appointment;
(e) the delegation of powers and the assignment of duties or functions by any staff member of a
local authority council, including the procedures relating thereto; and
(f) any other matter which the Minister may consider expedient to prescribe in order to attain the
objects of this Act.
(2) A regulation made under subsection (1) may prescribe in respect of any contravention
thereof or a failure to comply therewith a penalty not exceeding a fine of N$2 000 or
imprisonment for a period not exceeding six months or to both such fine and imprisonment.
(3) Regulations made under this section shall apply, unless determined otherwise in a
regulation, to all local authority councils.
94B Incorporation of standard publications
(1) The power conferred by section 94(1) and (2) to make regulations shall include the
power to incorporate in regulations so made the provisions of any standard publication or
any part thereof by reference to such standard publication or part thereof, without the
publication of the provisions of such standard publication in the Gazette .
(2) In this section "standard publication" means any code of practice, standard
specification or standard regulations published or issued by any body, organisation or
authority established with the object of promoting standardisation, whether in Namibia or
elsewhere, and which Namibia is authorised to apply in terms of an agreement entered into
with that body, organisation or authority.
(3) Any alteration, amendment or substitution of any provision of a standard publication,

whether before or after the commencement of this section, shall be specifically incorporated
by a local authority concerned in regulations incorporating such standard publication by
reference.
(4) A local authority council shall, while any regulations incorporating any standard
publication or part thereof are in force, keep copies of-
(a) such standard publication;
(b) any supplementary standard publication or specification or document incorporated by
reference in the main standard publication which has been incorporated in the regulations;
and
(c) any amendment of the main standard publication or any supplementary standard publication
or specification or document referred to in paragraph (b) ,
which shall be open to inspection, free of charge, at the office of the local authority council
during official office hours.
[ Sec 94B inserted by sec 49 of Act 24 of 2000.]
94C Application of certain provisions of Act
(1) The provisions of Part IV (except subsection (1) (c) (ii) (bb) and (iii) and subsection (5)
of section 27 thereof) and of section 94A(1) (d) shall not apply to members of a municipal
police service.
(2) In the application, to members of a municipal police service, of-

(a) subsection (1) (c) (ii) (bb) of section 27, any reference in that subsection to "personnel rules"
shall be construed as a reference to 'regulations under section 42 of the Police Act, 1990
(Act 19 of 1990), as applied by regulation 10 of the regulations promulgated under
Government Notice 184 of 16 October 2002';
(b) subsection (5) of section 27, the reference in that subsection to "any staff member referred to
in subsection (1) (b) " shall be construed as a reference to "any member of a municipal
police service".
[ Sec 94C inserted by sec 3 of Act 14 of 2004.]
95 Repeal of laws, and savings
(1) The laws specified in column 2 of Schedule 4 are hereby repealed to the extent set out
in column 3 of that Schedule.
(2) (a) Notwithstanding the repeal of the laws referred to in subsection (1), the provisions
of such laws shall continue to be in force in relation to a municipality referred to in Schedule
1 and the Peri-Urban Development Board established by section 2 of the Peri-Urban
Development Board Ordinance, 1970 (Ordinance 19 of 1970), until the date immediately
before the date fixed in terms of Article 137(5) of the Namibian Constitution.
(b) On the date referred to in paragraph (a) , all moneys standing to the credit of the fund
established by section 17 of the Natives (Urban Areas) Proclamation, 1951, (Proclamation
56 of 1951), shall be paid into the funds of the municipal council under the jurisdiction of
which such fund was administered immediately before that date, or be dealt in accordance
with the provisions of subsection (4) (b) , as the case may be.
(3) (a) Notwithstanding the repeal of the Municipal Ordinance, 1963 (Ordinance 13 of
1963), for the purposes of any law in force at the commencement of this Act, any reference
in such law to a municipality, established or constituted, or deemed to be established or
constituted, under that Ordinance, shall be construed as a reference to the municipal council,
town council or village council, as the case may be, of a municipality, town or village declared
under section 3 or deemed to have been so declared.
(b) The provisions of paragraph (a) shall not apply in relation to such provisions of any law
so referred to as the Minister may determine, to such extent or in relation to such matter and
with effect from such date, which may be a date earlier than the date of the determination, as
the Minister may determine and make known by notice in the Gazette .
(c) Anything done under any provision of any law referred to in paragraph (a) before the
commencement of this Act, shall be deemed to have been done under such provision as
construed in terms of that paragraph.
(4) (a) For the purposes of subsection (2) (a) , the provisions of the said Peri-Urban
Development Board Ordinance, 1970, in relation to any powers, duties and functions
conferred or imposed thereunder upon the said Peri-Urban Development Board, shall so
continue to be in force as if the Minister were the Peri-Urban Development Board until the
date immediately before the date fixed in terms of Article 137(5) of the Namibian
Constitution.
(b) As from the date referred to in paragraph (a) -

(i) the assets, liabilities, rights and obligations which vested in the Peri-Urban Development
Board immediately before the date so fixed shall vest in the local authority council whose
area consists of or includes a peri-urban area administered by the said Peri-Urban
Development Board which ceased to exist as from that date by virtue of the provisions of this
Act or in a regional council in whose region such area is situated or the State to such extent
and as from such date as may from time to time be determined by the Minister;
(ii) any person in the employ of the Peri-Urban Development Board on the date immediately
before the date so fixed shall as from that date be deemed to be in the service of the State,
and, subject to the provisions of section 14(5) (b) of the Public Service Act, 1980 (Act 2 of
1980), on conditions of employment not less favourable than the conditions of employment
which applied to such person on such first-mentioned date and the provisions which applied
to such person on that date shall continue to apply to such person until such time as the
Minister, on the recommendation of the Public Service Commission, determines otherwise.
(c) The registrar of deeds shall, in the case of any asset referred to in subparagraph (i) of
paragraph (b) consisting of immovable property which vests by virtue of the provisions of that
subparagraph in a local authority council, a regional council or the State, 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, regional
council or the State 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 or regional council or the State.
(d) 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 (c) .
(5) Anything done under a provision of a law repealed by subsection (1) which could have
been done under a corresponding provision of this Act, shall be deemed to have been done
under such corresponding provision of this Act.
(6) (a) Notwithstanding the provisions of section 3(5) and the other provisions of this
section, if it appears at the date fixed in terms of Article 137(5) of the Namibian Constitution,
that due to an insufficient number of voters registered or candidates nominated, an election
in terms of the provisions of that Article could not be held in respect of the area of a village
referred to in Schedule 3 and which consists of or includes a peri-urban area administered
by the said Peri-Urban Development Board, the President may by proclamation in the
Gazette determine that, with effect from the said date-
(i) such area shall not be deemed to have been declared a village under the said section 3(5);
and
(ii) the name of such village shall be deleted in Schedule 3,
whereupon such area shall continue to be a peri-urban area.
(b) For the purposes of paragraph (a) -

(i) an area which so continues to be a peri-urban area shall be managed and controlled by the
Minister in terms of the provisions of the said Peri-Urban Development Board Ordinance,
1970;
(ii) all assets, liabilities, rights and obligations which vested in the said Peri-Urban Development
Board immediately before the date referred to in paragraph (a) shall vest in the State to the
extent that such assets were used by the said Peri-Urban Development Board in relation to
such area and such liabilities, rights and obligations are connected with such assets,
until such time as such area is declared to be a settlement area under the provisions of
section 31 of the Regional Councils Act, 1992.
(c) If an area contemplated in paragraph (b) is so declared to be settlement area-

(i) all assets, liabilities, rights and obligations contemplated in paragraph (b) shall continue to
vest in the State or vest in the regional council concerned to such extent and from such date
as may from time to time be determined by the Minister;
(ii) the provisions of paragraphs (b) , (c) and (e) of section 31(2) of the said Regional Councils
Act, 1992, shall apply mutatis mutandis in respect of such settlement area and such regional
council as if the reference to the laws contemplated in paragraph (a) of that section were a
reference to the said Peri-Urban Development Board Ordinance, 1970.
96 Short title and commencement
(1) This Act shall be called the Local Authorities Act, 1992, and shall come into operation
on a date to be fixed by the Minister by notice in the Gazette .
(2) Different dates may be fixed under subsection (1) in respect of different provisions of
this Act.
(3) A reference in this Act to the date of its commencement shall be construed as a
reference to the applicable date fixed under subsection (2).
Schedule 1
MUNICIPALITIES
(Section 3)
PART I
[Part (1) substituted by Proc 16 of 1994 and by Proc 18 of 1994.]
No. Name of municipality Number of members of municipal council
1 Swakopmund 7
2 Walvis Bay 10
3 Windhoek 12
PART II
1 Gobabis 7
2. Grootfontein 7
3. Karibib 7
4. Karasburg 7
5. Keetmanshoo 7
p
6. Mariental 7
7. Okahandja 7
8. Omaruru 7
9. Otavi 7
10. Otjiwarongo 7
11 Outjo 7
12. Tsumeb 7
13. Usakos 7
Schedule 2
TOWNS
(Section 3)
[Schedule 2 substituted by Proc 28 of 1992.]
No. Name of town Number of members of town council
1. Arandis 7
2. Hentiesbaai 7
3. Katima Mulilo 7
4. Khorixas 7
5. Lüderitz 7
6. Okakarara 7
7. Ondangwa 7
8. Ongwediva 7
9. Opuwo 7
10. Oshakati 7
11. Rehoboth 7
12. Rundu 7
Schedule 3
VILLAGES
(Section 3)
[Schedule (3) substituted by Proc 27 of 1992 and by Proc 22 of 1993.]
No. Name of village
1. Aranos
2. Ariamsvlei
3. Aroab
4. Aus
5. Berseba
6. Bethanie
7. Gibeon
8. Gochas
9. Grünau
10. Kalkfeld
11. Kalkrand
12. Kamanjab
13. Koës
14. Leonardville
15. Maltahöhe
16. Noordoewer
17. Stampriet
18. Tses
19. Uis
20 Warmbad
21 Witvlei
Schedule 4
LAWS REPEALED
(Section 95)
No. and year of Title Extent of repeal

law
Proclamation 11 of Native Administration Proclamation, 1922 The whole

1922
Ordinance 7 of Local Loans Ordinance, 1927 The whole

1927
Proclamation 15 Native Administration Proclamation, 1928 Section 26, in so far as it relates to

of 1928 Proclamation 11 of 1922 and Proclamation 11
of 1927 in the Schedule
Proclamation 43 Native Administration Proclamation, The whole
of 1929 1922, Further Amendment Proclamation,
1929
Proclamation 17 Native Administration Amendment The whole

of 1933 Proclamation, 1933
Ordinance 5 of Local Loans Amendment Ordinance, The whole

1934 1934
Proclamation 9 of Native Administration Amendment The whole

1938 Proclamation, 1938
Proclamation 30 Native Administration Further Amendment The whole


Proclamation 6 of Native Administration Amendment The whole

1943 Proclamation, 1943
Proclamation 56 Natives (Urban Areas) Proclamation, The whole

of 1951 1951
Ordinance 24 of Housing Schemes Loans Ordinance, The whole

1952 1952
Ordinance 21 of Finance Ordinance, 1953 Section 3

1953
Ordinance 2 of Natives (Urban Areas) Proclamation The whole

1954 Amendment Ordinance, 1954
Ordinance 25 of Natives (Urban Areas) Proclamation, The whole

1954 1951 Further Amendment Ordinance,
1954
Ordinance 4 of South West Africa Native Affairs The whole, in so far as it relates to
1955 Administration Ordinance, 1955 Proclamation 56 of 1951 in the First Schedule
Ordinance 24 of Native Administration Amendment The whole

1960 Ordinance, 1960
Proclamation 335 Natives (Urban Areas) Amendment The whole


Ordinance 13 of Municipal Ordinance, 1963 The whole

1963
Ordinance 14 of Village Management Boards Ordinance, The whole

1963 1963

1963 1963

Ordinance 5 of Municipal Amendment Ordinance, 1964 The whole

1964

1964
Ordinance 34 of Establishment of Local Government in The whole

1965 Coloured Townships, Ordinance 1965

1967 1967
Ordinance 13 of Municipal Dog Tax Ordinance, 1967 Section 18

1967

1967

1968





1969
Ordinance 23 of Municipal Further Amendment Ordinance, The whole

1969 1969
Ordinance 27 of Village Management Boards Amendment The whole

1970
Ordinance 19 of Peri-Urban Development Board The whole

Act 94 of 1970 Limitation of Legal Proceedings Section 9, in so far as it relates to Ordinance

(Provincial and Local Authorities) Act, 13 of 1963 in the Schedule
1970

1971



1971 1971


1972

1973


1974



1975 1975

1976
Proclamation AG. General Law Amendment Proclamation, Sections 2 to 13, 15 (a) and (b)
5 of 1977 1977

1977
Proclamation AG. Natives (Urban Areas) Amendment The whole

12 of 1977 Proclamation, 1977
Proclamation AG. Municipal Elections Postponement The whole


Ordinance 10 of Fire Brigade Services Ordinance, 1978 Section 18

1978

1978

36 of 1978 Amendment Proclamation, 1978
Proclamation AG. Establishment of Local Government in The whole

47 of 1978 Coloured Townships Amendment
Proclamation, 1978
Proclamation AG. Second Municipal Elections The whole

79 of 1978 Postponement Proclamation, 1978


1979
Ordinance 17 of Second Municipal Amendment The whole


Proclamation AG. Municipal Elections Further The whole

6 of 1980 Postponement Proclamation, 1980
Act 12 of 1980 Natives (Urban Areas) Amendment Act, The whole
1980

1980
Act 24 of 1980 Second Natives (Urban Areas) The whole

Amendment Act, 1980
Proclamation AG. Municipal Amendment Proclamation, The whole

3 of 1982 1982


Act 20 of 1982 Co-operation in relation to Housing The whole

Schemes Act, 1982
Proclamation AG. Advisory Board Elections Postponement The whole

Proclamation AG. Municipal Amendment Proclamation, The whole

15 of 1984 1984
Proclamation AG. Peri-Urban Development Board The whole

Act 5 of 1985 Peri-Urban Development Board The whole

Amendment Act, 1985
Act 18 of 1985 Municipal Amendment Act, 1985 The whole

Amendment Act, 1986
Act 6 of 1987 Advisory Board Elections Postponement The whole

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Local Authorities Act 23 of 1992

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Local Authorities Act 23 of 1992

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What is the purpose of this act?

What is the purpose of this act?

What are the main parts or sections covered in this act?

What are the main parts or sections covered in this act?

LOCAL AUTHORITIES ACT 23 OF 1992

[ASSENTED TO 28 AUGUST 1992] [ DATE OF COMMENCEMENT: 31 AUGUST 1992]

In this Act, unless the context indicates otherwise-

"approved township" means an approved township as defined in section 1 of the

"charitable institution" means a charitable institution as defined in section 1, and

"chief executive officer" means a town clerk or a village secretary;

"combined private sewer" means a conduit constructed for purposes of conveying to a

"delimitation commission" ......

"deputy mayor" means a deputy mayor of a municipality or town elected in terms of

"financial year" means the financial year referred to in section 82;

"immovable property" means any land or any building on such land;

"management committee" means the management committee of a municipal council or

"municipal council" means a municipal council referred to in paragraph (a) of section

"municipality" means a municipality declared as such under section 3(1) or deemed to

"prescribed" means prescribed by regulation made under section 94;

"regional council" means a regional council established by section 2 of the Regional

"regulation" means a regulation made under this Act;

"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

"stormwater drain" means a conduit acquired or constructed by a local authority council

"this Act" includes any regulation made under this Act;

"valuer" means the person appointed under section 67;

For purposes of local government, as contemplated in Chapter 12 of the Namibian

(4) A notice referred to in subsection (1) shall-

(2) A notice referred to in subsection (1)-

(1) The affairs of-

to be elected at elections in accordance with the provisions of subsection (2).

(b) At any voting by secret ballot in terms of paragraph (a) -

(7) If due to an equality of votes or to the proviso to subsection (6), no candidate is

(8) (a) At an adjourned meeting contemplated in subsection (7)-

at a meeting of the local authority council.

(b) At any voting by secret ballot in terms of paragraph (a) -

(8) (a) At an adjourned meeting contemplated in subsection (7)-

(1) A management committee of a municipal council or town council shall immediately

(1) A management committee shall be required-

(3) (a) Subject to the provisions of section 29-

(iii) The right of appeal referred to in subparagraph (ii) shall-

(iii) The right of appeal referred to in subparagraph (ii) shall-

(ii) For purposes of subparagraph (i)-

(2) A power referred to in-

in respect of an approved township situated within its area.

(3) A power referred to-

A local authority council may, if it is of the opinion-

(1) Any person who-

(2) The provisions of-

(3) (a) A local authority council may, if it has reason to believe-

(1) A local authority council may-

(1) Any person who-

whereupon the Minister may grant or refuse such approval.

(5) A valuer shall value any rateable property-

(5A) It shall be a condition of every appointment by a local authority council of a person as

(1B) If the rate concerned is assessed on the valuation of property reflected in a

(3) A rate shall not be determined under subsection 1-

except with the prior approval in writing of the Minister.

(4) Notwithstanding the provisions of subsection 1-