GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$2.00 WINDHOEK - 1 March 2004 CONTENTS Page GOVERNMENT NOTICES No. 38 No. 39 Declaration under section 33(2)(F) Labour Act, 1992: Namdeb Diamond Corporation (Pty) Ltd - Pocket Beaches Project .................................................................................... Proposal that a district road (Number 872) be proclaimed: District of Maltahöhe: Hardap Region ................................................................................................................................ 2 2 No.3161 GENERAL NOTICES No. 38 No. 39 No. 40 No. 41 No. 42 No. 43 No. 44 Municipality of Outjo: Notice of vacancy in the membership of the Local Authority Council ............................................................................................................................... Khorixas Town Council: Notice of vacancy in the membership of the Khorixas Town Council ............................................................................................................................... Khorixas Town Council: Notice of vacancy in the membership of the Khorixas Town Council ............................................................................................................................... Khorixas Town Council: Notice of vacancy in the membership of the Khorixas Town Council ............................................................................................................................... Khorixas Town Council: Notice of vacancy in the membership of the Khorixas Town Council ............................................................................................................................... Hardap Regional Council: Electricity Regulations ............................................................ City of Windhoek: Permanent alteration of the access on Promenaden Road, Nelson Mandela Road and Robert Mugabe Avenue for the following streets Liliencron, Voral, Brandberg and Mont Blanc Street ..................................................................................... City of Windhoek: Permanent closing of Portion A of Block LVII, Windhoek Blocks, Bach Street as Public Open Space ..................................................................................... City of Windhoek: Permanent closing of Portion A of Erf 6416 Hosea Kutako Drive, Windoek, as a Street .......................................................................................................... Bank of Namibia: Statement of Assets and Liabilities as at close of business on 31 January 2004 ..................................................................................................................... _________________ 3 3 3 4 4 4 7 7 8 8 No. 45 No. 46 No. 47 2 Government Gazette 1 March 2004 No.3161 Government Notices MINISTRY OF LABOUR No. 38 2004 DECLARATION UNDER SECTION 33(2)(F) LABOUR ACT 1992: NAMDEB DIAMOND CORPORATION (PTY) LTD - POCKET BEACHES PROJECT Under the powers vested in me by section 33(2)(f) of the Labour Act, 1992 (Act No. 6 of 1992), I declare that section 33(1) of that Act does not apply to an employee performing work, in the course of operations, in the industry of the Namdeb Diamond Corporation (Pty) Ltd - Pocket Beaches Project. M. HAUSIKU MINISTER OF LABOUR ________________ MINISTRY OF WORKS, TRANSPORT AND COMMUNICATION No. 39 2004 PROPOSAL THAT A DISTRICT ROAD (NUMBER 872) BE PROCLAIMED: DISTRICT OF MALTAHÖHE: HARDAP REGION In terms of section 20(1)(b) of the Roads Ordinance, 1972 (Ordinance 17 of 1972) it is hereby made known that the Roads Authority on behalf of the Permanent Secretary: Works, Transport and Communication proposes that, in the district of Maltahöhe, the road described in the Schedule and shown on sketch-map P2145 by the symbols A-B-CD-E, be proclaimed as district road (number 872). A copy of this notice and the said sketch-map on which the road to which the proposal refers and other proclaimed, minor and private roads in the area are shown, shall for the full period of 30 days, mentioned below, lie open to inspection at the offices of the Roads Authority, Windhoek and the District Manager, of the Roads Authority, Maltahöhe, during normal office hours. Every person having any objection to the above-mentioned proposal is hereby commanded to lodge his or her objection in writing, with the grounds upon which it is based clearly and specifically therein stated, with the Liaison Officer: Roads Boards, Private Bag 12030, Ausspannplatz, within a period of 30 days from the date of this notice. SCHEDULE From a point (A on sketch-map P2145) at the junction with district road 826 on the farm Sesriem 137 generally westwards and more and more south-south-westwards across the said farm to a point (B on sketch-map P2145) on the said farm; thence generally westsouth-westwards and more and more south-south-westwards across the said farm and the farms Farm 100 and State Land to a point (C on sketch-map P2145) on State Land; thence generally south-eastwards and more and more south-south-westwards across the State Land and the farms Farm 100 and Farm 103 to a point (D on sketch-map P2145) on the last-mentioned farm; thence generally southwards and more and more westwards across the last-mentioned farm, State Land and the Namib Naukluft Park to a point (E on sketch-map P2145) at the place known as Sossusvlei. __________________ No.3161 Government Gazette 1 March 2004 3 General Notices MUNICIPALITY OF OUTJO No. 38 NOTICE OF VACANCY IN THE MEMBERSHIP OF THE LOCAL AUTHORITY COUNCIL In terms of Section 13(2) of the Local Authorities Act, 1992 (Act No. 23 of 1992) notice is hereby given that Councillor Daniel Johannes Holtzhausen resigned his office as from 4 February 2004. Notice is further given to DTA OF NAMIBIA to nominate a member of the Local Authority Council of Outjo within three months from the date of publishing of this notice. J.A. /URIB CHIEF EXECUTIVE OFFICER MUNICIPALITY OF OUTJO _________________ KHORIXAS TOWN COUNCIL No. 39 NOTICE OF VACANCY IN THE MEMBERSHIP OF THE KHORIXAS TOWN COUNCIL In terms of Section 13(2) of the Local Authorities Act, 1992 (Act No. 23 of 1992), notice is hereby given that Councillor, Petrus Ukongo, is withdrawn from his position by his political party effective from 9 February 2004. Notice is further given to UDF OF NAMIBIA to nominate a member of the Khorixas Town Council within three months from the date of publication of this notice. H. GAOBAEB CHIEF EXECUTIVE OFFICER _______________ KHORIXAS TOWN COUNCIL No. 40 NOTICE OF VACANCY IN THE MEMBERSHIP OF THE KHORIXAS TOWN COUNCIL In terms of Section 13(2) of the Local Authorities Act, 1992 (Act No. 23 of 1992), notice is hereby given that Councillor, Frieda Murorua, is withdrawn from her position by her political party effective from 9 February 2004. Notice is further given to UDF OF NAMIBIA to nominate a member of the Khorixas Town Council within three months from the date of publication of this notice. H. GAOBAEB CHIEF EXECUTIVE OFFICER _______________ 2004 2004 2004 4 Government Gazette 1 March 2004 KHORIXAS TOWN COUNCIL No.3161 No. 41 2004 NOTICE OF VACANCY IN THE MEMBERSHIP OF THE KHORIXAS TOWN COUNCIL In terms of Section 13(2) of the Local Authorities Act, 1992 (Act No. 23 of 1992), notice is hereby given that Councillor, Erwin Howoseb, is withdrawn from his position by his political party effective from 9 February 2004. Notice is further given to UDF OF NAMIBIA to nominate a member of the Khorixas Town Council within three months from the date of publication of this notice. H. GAOBAEB CHIEF EXECUTIVE OFFICER ________________ KHORIXAS TOWN COUNCIL No. 42 NOTICE OF VACANCY IN THE MEMBERSHIP OF THE KHORIXAS TOWN COUNCIL In terms of Section 13(2) of the Local Authorities Act, 1992 (Act No. 23 of 1992), notice is hereby given that Councillor, His Worship the Mayor Gerson /Goagoseb, is withdrawn from his position by his political party effective from 9 February 2004. Notice is further given to UDF OF NAMIBIA to nominate a member of the Khorixas Town Council within three months from the date of publication of this notice. H. GAOBAEB CHIEF EXECUTIVE OFFICER _______________ HARDAP REGIONAL COUNCIL No. 43 ELECTRICITY REGULATIONS 1. (i) SAFEGUARDING OF METERING INSTALLATION AND OTHER EQUIPMENT Every consumer shall take such measures as are reasonably necessary to prevent any damage to be caused to the metering installation or other equipment forming part of the service apparatus on the premises of the consumer. If the Engineer considers it necessary or desirable that special precautions be taken for the safeguarding of the metering installation on the premises of any consumer, the Council may; (a) (b) (iii) Require that the consumer takes such steps as the Engineer may direct for that purposes; or Causes the steps to be taken which the Engineer considers necessary for that purposes and recover from the consumer the costs thereof. 2004 2004 (ii) Where the metering installation or any other equipment of the service apparatus on any premises is damaged or destroyed by reason of any failure on the part of No.3161 Government Gazette 1 March 2004 5 the consumer to comply with the provisions of sub regulation (1) or to maintain in proper order any steps taken in accordance with sub regulation (2), the consumer shall be liable to pay the Council any costs which the Council may be required to incur for the repair or substitution of the metering installation or such equipment as a result of such failure. (iv) (v) Every consumer shall ensure that free and unimpeded access to the metering installation on the premises of the consumer is available at all times. The duties and responsibilities imposed by sub regulation (1), (2), (3) and (4) shall; (a) (b) Devolve on the owner of any premises during any period that such premises are not occupied by another person; In the case of premises on which several accommodation units are situated and to which electricity is supplied through a common metering installation, rest on the person having the charge or management of the premises. (vi) 2. (i) A person who fails to comply with the provisions of sub regulation (4) shall be guilty of an offence. TAMPERING WITH OR DAMAGE TO METERING INSTALLATION OR OTHER EQUIPMENT No person other than the Engineer or a person duly authorised thereto by the Council shall; (a) Open, break or remove any seal or lock affixed to the metering installation or an other part of the service apparatus or service connection on any premises; Disconnect the metering installation from the service connection; Where the supply of electricity to any premises has been disconnected or suspended by the Council for any reason, make a reconnection of or restore such supply in any manner; or In any other way tamper or interfere with the metering installation or any other part of the service apparatus or the service connection on any premises. (b) (c) (d) ADD NO OWNER OR OCCUPIER OF SUCH PREMISES SHALL CAUSE OR PERMIT ANY UNAUTHORISED PERSON TO PERFORM ANY OF SUCH ACTS ON HIS OR HER PREMISES. (ii) Where it is found that any seal or lock of the Council affixed to the metering installation on any premises has been openened, broken or removed or that any tampering with the metering installation has occurred the Council may without prior notice to the consumer concerned; (a) (b) (iii) Suspend the supply of electricity to such consumer; and Cause the meter to be tested and, if necessary, to be repaired or replaced. The Council shall not be obliged to restore the supply of electricity which has been suspended in terms of subregulation (2), unless the consumer has paid; (a) Where applicable, the costs incurred by the Council for the testing or repair or replacement of the meter, and; 6 (b) (iv) Government Gazette 1 March 2004 No.3161 The charges determined in the electricity tariff for the suspension and subsequent restoration of the supply of electricity. Where it is on reasonable grounds suspected that the tampering with the metering installation or any other part of the service apparatus on the premises of a consumer has resulted in the meter not registering or not registering correctly the consumption of the consumer, the Council may estimate, in accordance with sub regulation (5), the quantity of electricity supplied to the consumer during the period since the date of the previous last reading of the meter (prior to the reading consequent on which the failure of the meter was discovered) until the date on which the supply of electricity has been suspended in terms of sub regulation (2), and recover from the consumer for the electricity supplied the charges based on such estimated quantity. For the purpose of sub regulation (4), an estimate of the quantity of electricity supplied to a consumer shall be based on, either, as the Council may decide; (a) The average monthly consumption of electricity on the premises during the corresponding three consecutive metering periods in the 12 months period prior to the date on which the tampering with pre-metering installation was discovered; or The average monthly consumption on the premises registered over three succeeding metered periods after the restoration of the supply in accordance with sub regulation (3). (v) (b) (vi) Where it is found that any reconnection or restoration of the supply of electricity has been made on the premises of any consumer in contravention of sub regulation (1)(C), the consumer concerned shall be liable to pay the charges for electricity consumed from the date of disconnection or suspension to date the supply was found to be reconnected or restored, as well as the cost of any subsequent disconnection or suspension of the supply by the Council. (vii) Any person who; (a) (b) Contravenes any provision of sub regulation (1); or Wilfully damages the metering installation of the Council of any premises, SHALL BE GUILTY OF AN OFFENCE. 3. (i) REPAIR OR SUBSTITUTION OF METER OR OTHER EQUIPMENT In the event of any repairs to the meter or any other part of the service apparatus on any premises being found necessary, such repairs shall be effected only by a person authorized thereto by the Engineer and no person else. The Council may any time replace the meter on any premises if it is suspected of not registered accurately the supply of electricity to such premises. The costs incidental to any repairs in terms of sub regulation (1), or the replacement of any meter in terms of sub regulation (2), shall be borne by the Council, but if the repairs or replacement is necessitated by reason of any failure on the part of a consumer contemplated in regulation in regulation 8(3) or because of an act performed in contravention of regulation 9 (1), the Council may recover such costs from such consumer. Any person who acts, and any consumer who permits any other person to act, in contravention of the provisions of sub regulation (1) shall be guilty of an offence. (ii) (iii) (iv) No.3161 (v) 1. Government Gazette 1 March 2004 7 PAYMENTS OF CHARGES Every consumer shall pay for the electricity supplied, or, where a prepayment meter have been installed, to be supplied, by the Council to the consumer’s premises at the rate determined in the electricity tariff for the particular category of use for which electricity is supplied to the consumer. BY ORDER T. BASSON REGIONAL OFFICER HARDAP REGIONAL COUNCIL ________________ CITY OF WINDHOEK No. 44 2004 PERMANENT ALTERATION OF THE ACCESS ON PROMENADEN ROAD, NELSON MANDELA ROAD AND ROBERT MUGABE AVENUE FOR THE FOLLOWING STREETS LILIENCRON, VORAL, BRANDBERG AND MONT BLANC STREET Notice is hereby given in terms of article 50(1)(a)(ii) of the Local Authorities Act of 1992 (Act No. 23 of 1992) that the City of Windhoek proposes to close permanent the undermentioned portion as indicated on locality plan, which lies for inspection during office hours at the office of Urban Policy, Room 512, Municipal Offices, Independence Avenue. PERMANENT ALTERATION OF THE ACCESS ON PROMENADEN ROAD, NELSON MANDELA ROAD AND ROBERT MUGABE AVENUE FOR THE FOLLOWING STREETS LILIENCRON, VORAL, BRANDBERG AND MONT BLANC STREET Objections to the proposed closing are to be served on the Secretary: Townships Board, Private Bag 13289, and the Chief Executive Officer, P O Box 59, Windhoek, within 14 days after the appearance of this notice in accordance with Article 50 (1)(C) of the above Act. B. WATSON CHIEF: URBAN POLICY, STRATEGY, FACILITATION AND IMPLEMENTATION SERVICES ________________ CITY OF WINDHOEK No. 45 2004 PERMANENT CLOSING OF PORTION A OF BLOCK LVII, WINDHOEK BLOCKS, BACH STREET AS PUBLIC OPEN SPACE Notice is hereby given in terms of article 50(3)(a)(ii) of the Local Authorities Act of 1992 (Act No. 23 of 1992) that the City of Windhoek proposes to close permanent the undermentioned portion as indicated on locality plan, which lies for inspection during office hours at the office of Urban Policy, Room 712, Municipal Offices, Independence Avenue. 8 Government Gazette 1 March 2004 No.3161 PERMANENT CLOSING OF PORTION A OF BLOCK LVII, WINDHOEK BLOCKS, BACH STREET AS PUBLIC OPEN SPACE Objections to the proposed closing are to be served on the Secretary: Townships Board, Private Bag 13289, and the Chief Executive Officer, P O Box 59, Windhoek, within 14 days after the appearance of this notice in accordance with Article 50(1)(C) of the above Act. B. WATSON CHIEF: URBAN POLICY, STRATEGY, FACILITATION AND IMPLEMENTATION SERVICES ________________ CITY OF WINDHOEK No. 46 2004 PERMANENT CLOSING OF PORTION A OF ERF 6416 HOSEA KUTAKO DRIVE, WINDHOEK, AS STREET Notice is hereby given in terms of article 50(1)(a)(ii) of the Local Authorities Act of 1992 (Act No. 23 of 1992) that the City of Windhoek proposes to close permanent the undermentioned portion as indicated on locality plan, which lies for inspection during office hours at the office of Urban Policy, Room 712, Municipal Offices, Independence Avenue. PERMANENT CLOSING OF PORTION A OF ERF 6416 HOSEA KUTAKO DRIVE, WINDHOEK, AS STREET Objections to the proposed closing are to be served on the Secretary: Townships Board, Private Bag 13289, and the Chief Executive Officer, PO Box 59, Windhoek, within 14 days after the appearance of this notice in accordance with Article 50(1)(C) of the above Act. B. WATSON CHIEF: URBAN POLICY, STRATEGY, FACILITATION AND IMPLEMENTATION SERVICES ________________ BANK OF NAMIBIA No. 47 STATEMENT OF ASSETS AND LIABILITIES AS AT CLOSE OF BUSINESS ON 31 JANUARY 2004 31-01-04 N$ ASSETS Exernal: Rand Cash IMF - Special Drawing Rights Investments - Rand Currency - Other Currency - Interest Accrued 27,464,813 181,366 1,040,096,945 1,644,635,159 6,452,215 13,420,484 169,285 729,754,251 1,357,531,927 3,639,118 31-12-03 N$ 2004 No.3161 Domestic: Government Gazette 1 March 2004 9 Currency Inventory Account Loans and Advances Fixed Assets Other Assets 10,032,965 84,244,589 158,247,042 9,356,031 2,980,711,125 10,425,346 85,010,187 159,261,459 9,484,497 2,368,696,554 LIABILITIES Share capital General Reserve Revaluation Reserve Development Fund Reserve Currency in Circulation Deposits: Government Bankers Bankers Bankers Other 40,000,000 237,282,424 531,706,060 15,000,000 786,696,858 788,980,345 175,511,157 4,287 178,226,000 167,109,126 60,194,868 2,980,711,125 40,000,000 237,282,424 432,464,846 15,000,000 918,895,858 251,741,957 168,261,090 67,823 85,691,000 158,997,175 60,294,381 2,368,696,554 - Reserve - Current - Call Other Liabilities T.K. ALWEENDO DEPUTY GOVERNOR K. MATHEW ACTING CHIEF FINANCIAL OFFICER ________________