Bastergemeente v Government of the Republic of Namibia and Others (SA 5 of 1995) [1996] NASC 6 (14 May 1996);
In the matter between:
REHOBOTH BASTERGEMEENTE
and
THE GOVERNMENT OF THE REPUBLIC OF NAMIBIA
THE REGISTRAR OF DEEDS, REHOBOTH
CORNELIUS MICHAEL BRANDT
THE KHOMAS REGIONAL COUNCIL
THE HARDAP REGIONAL COUNCIL
THE REGIONAL COMMISSIONER FOR THE CENTRAL REGION
CASE NO.: SA 5/95
APPELLANT
FIRST
RESPONDENT
RESPONDENT
SIXTH
RESPONDENT
RESPONDENT
RESPONDENT
RESPONDENT
APPEAL JUDGMENT
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The said property shall be transferred to the Government of Rehoboth without payment of transfer duty, stamp duty or any other fee or charge, but subject to any existing right, charge, obligation or trust on or over such property and subject also to the provisions of this Act.
The Registrar of Deeds concerned shall upon production to him of the title deed to any immovable property mentioned in subsection (1) endorse such title deed to the effect that the immovable property therein described is vested in the Government of Rehoboth and shall make the necessary entries in his registers, and thereupon the said title deed shall serve and avail for all purposes as proof of the title of the Government of Rehoboth to the said property."
- 7 - For the purpose of this Schedule, 'property' shall, without detracting from the generality of that term as generally accepted and understood, mean and include movable and immovable property, whether corporeal or incorporeal and wheresoever situate, and shall include any right or interest therein. All such immovable property shall be transferred to the Government of Namibia without payment of transfer duty, stamp duty or any other fee or charge, but subject to any existing right, charge, obligation or trust on or over such property and subject also to the provisions of this Constitution. The Registrar of Deeds concerned shall upon production to him or her of the title deed to any immovable property mentioned in paragraph (1) endorse such title deed to the effect that the immovable property therein described is vested in the Government of Namibia and shall make the necessary entries in his or her registers, and thereupon the said title deed shall serve and avail for all purposes as proof of the title of the Government of Namibia to the said property."
They had property both, immovable and movable.
"23. Transfer of land and other public property to the Government of Rehoboth -
Mr. Gauntlett, with him Mr. Maritz, for the respondents, contends that the Rehoboth Baster Community, then a body politic, had its political and constitutional identity subsumed together with those of the Government of the Republic of South Africa and the Administration of the
- 11 - - 12 - In Ntenteni v Chairman of Ciskei Council of State and Another 1994(1) BCLR 168 (CK) at 172 H Heath J said: - 13 -
- 17 - and one which What is important in the MAK Mediterranee SARL case is what Scott J said at 606 F - G.
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- 26 - For the purpose of this Schedule, "property" shall, without detracting from the generality of that term as generally accepted and understood, mean and include movable and immovable property, whether corporeal or incorporeal and v/heresoever situate, and shall include any right or interest therein. All such immovable property shall be transferred to the Government of Namibia without payment of transfer duty, stamp duty or any other fee or charge, but subject to any existing right, charge, obligation or trust on or over such property and subject also to the provisions of this Constitution. The Registrar of Deeds concerned shall upon production to him or her of the title deed to any immovable property mentioned in paragraph (1) endorse such title deed to the effect that the immovable property therein described is vested in the Government of Namibia and shall make the necessary entries in his or her registers, and thereupon the said title deed shall serve and avail for all purposes as proof of the title of the Government of Namibia to the said property." at 416-7.
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MAHOMED, C.J.
DUMBUTSHENA, A.J.A
FRANK, A.J.A.
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COUNSEL FOR THE APPELLANTS: Adv. P.J. de Bruyn, S.C.
and with him
Adv. W.H. Olivier
(Weder, Kruger and Hartmann)
COUNSEL FOR THE FIRST AND SECOND RESPONDENTS:
Adv. J.J. Gauntlett, S.C. and with him Adv. J.D.G. Maritz
(Government Attorneys)