GOVERNMENT GAZETTE - NAMFISAno.45 c' no.46 no.47 no.48 no.49 no.50 no.51 no.52 no.53 no.54 7 8 8 8 9...

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No. 45 C' No. 46 No. 47 No. 48 No. 49 No. 50 No.51 No. 52 No. 53 No. 54 7 8 8 8 9 9 10 - 14 ~22 30 GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$4.65 No. 2304 WINDHOEK - 1 April 2000 o CONTENTS No. 86 GOVERNMENT NOTICES No. 87 No. 88 No. 89 Change of name ofa registered medical aid fund: Medical Aid Funds Act, 1995.... Council for Health and Social Services Professions Act, 1993: Notice of meeting by Allied Health Services Professions to elect members for appointment to council..... Allied Health Services Professions Act, 1993: Constitution of the Clinical Psychology Board .......................................................................................................................... Accommodation Establishments and Tourism Ordinance, 1973: Amendment of re gulati ons ................................................................................................................ GENERAL NOTICES Windhoek Amendment Scheme No. 43 . Closure of Portion Z (Street), Sonara .......................................................................... Permanent closure of Erf 130 (Public open space) Sonara, Aranos ............................ Municipality of Karasburg: Amendment of water supply regulations ........................ Municipality of Marien tal: Notice of vacancy in the membership of the Municipal Council of Mariental .................................................................................................. Municipality ofOutjo: Amendment of water supply regulations ............................... Municipality of Henties Bay: Town Hall Regulations ............................................... Municipality of Grootfontein: Outdoor advertising regulations ................................ Swakopmund Municipality: Regulations relating to early childhood develop- ment centres............................................................................................................... Bank of Namibia: Statement of assets and liabilities as at close of business on 29 February 2000 ............................................................................................................ Page 2 2 2 3

Transcript of GOVERNMENT GAZETTE - NAMFISAno.45 c' no.46 no.47 no.48 no.49 no.50 no.51 no.52 no.53 no.54 7 8 8 8 9...

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GOVERNMENT GAZETTEOF THE

REPUBLIC OF NAMIBIA

N$4.65 No. 2304WINDHOEK - 1 April 2000

o CONTENTS

No. 86

GOVERNMENT NOTICES

No. 87

No. 88

No. 89

Change of name ofa registered medical aid fund: Medical Aid Funds Act, 1995....

Council for Health and Social Services Professions Act, 1993: Notice of meetingby Allied Health Services Professions to elect members for appointment to council.....

Allied Health Services Professions Act, 1993: Constitution of the Clinical PsychologyBoard ..........................................................................................................................

Accommodation Establishments and Tourism Ordinance, 1973: Amendment ofregulati ons ................................................................................................................

GENERAL NOTICES

Windhoek Amendment Scheme No. 43 .

Closure of Portion Z (Street), Sonara ..........................................................................

Permanent closure of Erf 130 (Public open space) Sonara, Aranos ............................

Municipality of Karasburg: Amendment of water supply regulations ........................

Municipality of Marien tal: Notice of vacancy in the membership of the MunicipalCouncil of Mariental ..................................................................................................

Municipality ofOutjo: Amendment of water supply regulations ...............................

Municipality of Henties Bay: Town Hall Regulations ...............................................

Municipality of Grootfontein: Outdoor advertising regulations ................................

Swakopmund Municipality: Regulations relating to early childhood develop-ment centres...............................................................................................................

Bank of Namibia: Statement of assets and liabilities as at close of business on 29February 2000 ............................................................................................................

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2 Government Gazette ] April 2000 No. 2304

Government Notices

MINISTRY OF HEALTH AND SOCIAL SERVICES

No. 86 2000

CHANGE OF NAME OF A REGISTERED MEDICAL AID FUND:MEDICAL AID FUNDS ACT, 1995

In terms of section 25(4)( c) of the Medical Aid Funds Act, 1995 (Act No. 23 of 1995), Ihereby make known that the NMA Health Care Medical Aid Fund has changed its nameto Fedsure Hea]th Namibia Medical Aid Fund with effect from] January 2000.

E.U. TJIPEPAREGISTRAR OF MEDICAL AID FUNDS Windhoek, 16 March 2000

MINISTRY OF HEALTH AND SOCIAL SERVICES

No. 87 2000

COUNCIL FOR HEALTH AND SOCIAL SERVICESPROFESSIONS ACT, ]993:

NOTICE OF MEETING BY ALLIED HEALTH SERVICES PROFESSIONS TOELECT MEMBERS FOR APPOINTMENT TO COUNCIL

Notice is hereby given in terms of the provisions of section 5(4) of the Council forHealth and Social Services Professions Act, ] 993 (Act 29 of] 993), of a meeting to beheld at the Chapel, Windhoek Central Hospital Basement, Ministry of Health and SocialServices, Windhoek on Wednesday, ] 9 April 2000 at ]4hOO, to be attended by the repre-sentatives of the Allied Health Services Professions appointed in terms of the provisionsof paragraph 2 of Government Notice ]59 of ]994 for the purpose of electing threepersons registered under the provisions of the Allied Health Services Professions Act,1993 (Act 20 of ]993), for appointment as members ofthc Council for Health and So-cial Services Professions in terms of the provisions of section 5(1 )(g) of the Council forHealth and Social Services Professions Act, 1993.

E. BARLOWREGISTRAR:COUNCIL FOR HEALTH ANDSOCIAL SERVICES PROFESSIONS

MINISTRY OF HEALTH AND SOCIAL SERVICES

No. 88 -2000

ALLIED HEALTH SERVICES PROFESSIONS ACT, 1993:CONSTITUTION OF THE CLINICAL PSYCHOLOGY BOARD

The Secretary of the Clinical Psychology Board, in terms of Section 5(5) of the AlliedHealth Services Professions Act, 1993 (Act 20 of ]993), hereby gives notice that thefollowing persons have been duly elected as members of the Clinical Psychology Boardin terms of Section 5(2) of that Act and such members should hold office for a period of3 years in terms of Section 5(4) of that Act as from 1 February 2000.

H.A. Raath (Dr) President

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No. 2304 Government Gazette 1 April 2000 3

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S. Whittaker (Dr)G.D. Kober (Dr)J. Rieckert (Dr)A. Mouton-Kotze (Ms)

Vice-PresidentTreasurerSecretary

J. RIECKERTSECRETARY:CLINICAL PSYCHOLOGY BOARD

MINISTRY OF ENVIRONMENT AND TOURISM.No. 89 2000

ACCOMMODATION ESTABLISHMENTS AND TOURISMORDINANCE, 1973: AMENDMENT OF REGULATIONS

The Minister of Environment and Tourism has under section 56 of the AccomodationEstablishments and Tourism Ordinance, 1973 (Ordinance No. 20 of 1973), made theregulations set out in the Schedule.

SCHEDULE

Definition

1. In these regulations "the Regulations" means the regulations promulgatedunder Government Notice No. 75 of 18April 1974, as amended by Government NoticesNos. 119 of 1 July 1974, 130 of2 June 1975,315 of 15 September 1977 and 24 of25January 2000.

Amendment of regulation 1 of the Regulations

2. Regulation 1 of the Regulations is amended -

(a) by the insertion after the definition of "bedroom with bathroom" of thefollowing definition:

"bedroom with shower' means a unit comprising a bedroom and a showerwith toilet facilities, and for the purposes of this definition two units eachcompromising a bedroom with shower but without toilet facilities shall beregarded as one bedroom with shower;"; and

(b) by the substitution for the definition of -

(i) "backpackers accommodation" of the following definition:

"'backpackers accommodation' means any premises on which ac-commodation is provided against payment to backpackers;"; and -

(ii) "bedroomwith bathroom"of the followingdefinition: --.

"'bedroom with bathroom' means a unit comprising a bedroom and abathroom with toilet facilities, and for the purposes of this definition,two units each comprising a bedroom and a bathroom but withouttoilet facilities shall be regarded as one bedroom with bathroom;".

Substitution of Schedule II to the Regulations

3. The Regulations are amended by the substitution for Schedule II to the

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IVIINIIVI 1II\If f:U...nTN (: UIU 1:"10

Five-star Four-star Three-star Two-star One-star

A. Sleeping 5% suites or 100% bed- 75% bed- 50% bed- 25% bed-Accomodation bed-sitting rooms with rooms with rooms with rooms withfor guests rooms or bathrooms bathrooms bathrooms bathrooms

mixed and or 60% bed- at' 50% bed- or 25% bed- or 10% bed-balance to rooms with rooms with rooms with rooms with80% bcd- bathrooms bathrooms bathrooms bathroomsrooms with and balance and balance and balance and balancebath-rooms bedrooms to 75% bed- to 50% bed- to 25% bed-and balance with show- rooms with rooms with rooms withbedrooms ers. showers and showers and showers andwith show- balance or- balance or- balance or-ers. dinary bed- dinary bed- dinary bed-

rooms. rooms. rooms.

Tolerance Tolerance Tolerance Tolerancefactor I factor 2( a) factor 2( a) factor 2(a)

or 2(b)

B. Aircon- In all bed- In all bed- Heating in Heating in-ditioning rooms and rooms and all bedrooms all bedrooms

and heating public rooms diningrooms and public on rcquest.rooms

Tolerance Tolerance Tolerance Tolerance-factor 3 factor 3 factor 3 factor 3

C. Radio Three-chan- Three-chan- Three-chan-Service nel in every nel in every nel in every

bedroom. bedroom. bedroom.

Tolerance Tolerance To lerance- -factor 4 factor 4 factor 4

D. Telephone In every bed- In every bed- In every bed- Available Availableroom for in- room for in- room for in- on premIses on premIsesternal and ternal and ternal and for external for externalexternal external ex ten a I calls callscaBs 24 holUs calls 24 hours calls.per day per day

Tolerance Tolerance Tolerance- -factor 5 factor 5 factor 5

E. Valet Available on Available on Available on--Service premises 7:00 premises 7:00 pre11l1ses

to 22:00 to 20:00

4 Government Gazette I April 2000 No. 2304

Regulations of the following Schedule:"SCHEDULE II

')--

..

..

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F.Floorcovenng

G. Ratio ofcommunalbathroomsand lavato-ries to bedsin ordinarybedrooms

H. Dining-rooms orRestaurants

Government Gazette 1 April 2000 5

Allbedroomslounges andother publicareas tiledwith ceramic,marble orwooden tilesor carpetedwall to wall

Tolerancefactor 6

-

-

Two whichare openevery day tothe public forserving a' 1acarte lunch-eons and din-ners, and atleast one ofwhich is openuntil 00:00

Allbedroomswith bathrooms andbedroomswith show-ers tiled withceramIC,marble orwooden tilesor carpetedwall to wall

Tolerancefactor 6

1:4

Tolerancefactor 7(a)

One which isopen everyday to thepublic forserving a' 1acarte lunch-eons anddinners, andwhich isopen until23:00

Allbedroomswith bathrooms andbedroomswith show-ers tiled withcermIC,marble orwooden tilesor carpetedwall to wall

To1 crancefactor 6

1:6

Tolerancefactor 7(a)

One which isopen everyday to thepublic forserving a' 1acarte lunch-eons and din-ners

Tolerance Tolerance Tolerancefactor 3 factor 3 factor 3

1. Head chef One head chefand head and one headwaiter waiter in full-

time employ-ment

One head chefand one headwaiter in full-time employ-ment

One cook andone waiter infull-time em-ployment

Not applica-ble to a hotelwhich doesnot hold anon consump-tion licence

- -

- -

1:7 1:8 or 1: 12in the case ofan hotel forwhich anhotel liquorlicence is notheld andwhich waserected or inthe course ofconstructionprior to 2December1968

Tolerance Tolerancefactor 7(a) factor 7(a)

or 7(b)

one one

-- -

One cook and One cook andone waiter in one waiter infull-time em- full-time em-ployment p10yment

Not applica- Not applica-ble to a hotel b1e to a hotelwhich does which doesnot hold an not hold anon consump- on consump-tion licence tion licence

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J. FloorService

Available -

(a) for serv-ice of fullmeals inbedrooms7:00 to 00:00

(b) 24 hoursper day forservice oflight refresh-ments

Government Gazette 1April 2000

K. Pelll1anent Two, exclud-function ing loungesrooms and dining-

rooms

L. Reception Full-time re-office service ception serv-

ice 24 hoursper day

M. Lifts

N. Furnitureand equip-ment,kitchenutensils,cutlery,glassware,crockery,bedding,linen, curtain,carpets, rugsand otherfloorcovering

One scpcratefor luggageand person-nel and onefor guests, ifbuilding ISmore thantwo floorshigh

Available -

(a) for serv-ice of fullmeals inbedrooms7:00t02l:00

(b) 24 hoursper day forservice oflight refresh-ments

Two, exclud-ing loungesand dining-rooms

Available 18hours perday for serv-ice of lightrefreshment

One, exclud-ing loungesand dining-rooms

Member of Member ofpersonnel 24 personnel 24hours per day hours per day

One seperatefor luggageand person-nel and onefor guests, ifbuilding ISmore thantwo floorshigh

Best quality Outstandingthroughout quality

throughout

Available -

(a) 16 hoursper day forservIce oflight refresh-ments;

(b) 14 hoursper day forservice oflight refresh-ments in anhotel in re-spect ofwhich an ho-tel liquor li-cenee is notheld

-

Available -

(a) 16 hoursper day forservIce oflight refresh-ments;

(b) 14 hoursper day forservice oflight refresh-ments in anhotel in re-spect ofwhich anhotel liquorlicence ISnot held

-

Member oi~ember ofpersonnel 14 per son n e Ihours per day who can beThereafter summonedmember of by means ofper son n e I a bell at thewho can be counter ofs ummo ned the receptionby means of a office and atbell at the the main en-counter ofthe trancereception of-fice and atthe main en-trance

One ifbuild- One ifbuild- One if build-lllg IS more lllg IS more lllg IS more

than two than three than threefloors high floors high floors high

Outstandingqualitythroughout

Good quality Good qualitytroughout troughout

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O. Hair Full-time on Full-time ondressing premises for - - -premises forsalon both sexes females

Tolerance Tolerancefactor 8 factor 8

P. Transport Available Available Available- -for guests for guests for guests

Q. Secretarial Arrange Arrange- - -servIce ments to be ments to be

made by ho- made by ho-tel manage- tel manage-ment ment

No. 2304 Government Gazette 1 April 2000 7

Amendment of Schedule IV to the Regulations

4. Schedule IV to the Regulations is amended by the substitution for item 1.1(a) ofthe following item:

"UNITS

Bedroomswith bath-rooms

Bedroomswith showers

OrdinaryBedrooms

1.1 Bathroom and Toilet facilities (100) Points Points Points

(a) Percentage of units to total numberof bedrooms(N.B. 1 suite = 1 bedroom)

o - 10 per cent. . . . . . . . . . . . . 0 - 10. . . . . 0 - 8 . 0 - 411 - 20 per cent. 11 - 20. . . . . 9 - 16 . 5 - 821-30percent. .21-30. .17-24 .9-1231-40percent. .31-40. .25-32. . .13-16

C 41-50percent. .41-50. .33 -40. . . .. .17 -2051 - 60 per cent. . 51 - 60 . .41 - 48 . . 21 - 2461-70percent. .61-70. .49-56. .25-2871-80percent. .71-80. .57-64. .29-3281 - 90 per cent. . 81 - 90. .65 - 72 . . 33 - 3691-100percent 91-100. .73-80. ...37-40

Maximum points. . . . . . . . . . . . . 100. ... 80 . . . . . . . . 40.".

General Notices -No. 45 2000

WINDHOEK AMENDMENT SCHEME NO. 43

Notice is hereby given in terms of section 23 of the Town Planning Ordinance 1954,(Ordinance 18 of 1954), as amended, that the Windhoek Amendment Scheme No. 43has been submitted to the Minister of Regional and Local Government and Housing forapproval.

Copies of the Windhoek Amendment Scheme No. 43 and the maps, plans, documentsand other relevant matters are lying for inspection during office hours at the Windhoek

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8 Government Gazette 1 April 2000

Municipality and also at the Namibia Planning Advisory Board, Ministry of Regionaland Local Government and Housing, 2nd Floor, Room 241, Windhoek.

Any person who wishes to object to the approval of the Town Planning Scheme shouldlodge objections in writing to the Secretary, Namibia Planning Advisory Board(NAMPAB), Private Bag 13289, Windhoek on or before 2 May 2000.

No. 46 2000

CLOSURE OF PORTION Z (STREET), SONARA

Notice is hereby given in terms of Section 50(1) of the Local Authorities Act 5 of 1992(Act 23 of 1992), that the Village Council of Aranos proposes to close permanently aportion of the Rcmainder of Portion 9 of the Farm Aranos Townlands No. 167 (Street) asindicated on plan W/98750-1 which lies for inspection during office hours at the officesof the Aranos Village Council.

CLOSURE OF PORTION Z (STREET), A PORTION OF THE REMAINDER OFPORTION 9 OF THE FARM ARANOS TOWNLANDS NO. 167,

SONARA (ARANOS)

Objections to the proposcd closing are to be served on the Village Secretary, VillageCouncil of Aranos; POBox 157, Aranos, within 14 days after the appearance of thisnotice in accordance with Section 50(3)of the Local Authorities Act of 1992, (Act 23 of1992).

MR. N.P. GORASEBVILLAGE SECRETARYARANOS VILLAGE COUNCIL

No. 47 2000

PERMANENT CLOSURE OF ERF 130 (PUBLIC OPEN SPACE)SONARA, ARANOS

Notice is hereby given in terms of article 50(1) of the Local Authorities Act of 1992 (Act23 of 1992), that the Village Council of Aranos proposes to close permanently theundermentioned erf as indicated on plan W/98750/1 which lies for inspection duringoffice hours at the office of the Village Secretary, Village Council Offices, Aranos.

PERMANENT CLOSURE OF ERF 130(PUBLIC OPEN SPACE) SONARA, ARANOS

Objections to the permanent closing are to be served on the Village Secretary, VillageCouncil of Aranos, POBox 157, Aranos, and/or Stubenrauch Planning Consultant cc,POBox 11869, Windhoek, within 14 days after the appearance of this notice in accordancewith Article 50(3) of the above Act.

MR. N.P. GORASEBVILLAGE SECRETARYARANOS VILLAGE COUNCIL

MUNICIPALITY OF KARAS BURG

No. 48 2000

AMENDMENT OF WATER SUPPLY REGULATIONS

The Council of the Municipality of Karasburg under section 30(1)(u) of the Local

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No. 2304 Government Gazette 1 April 2000 9

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Authorities Act, 1992 (Act 23 of 1992) further amends the water supply regulationspromulgated under Government Notice 267 of 1997 as set out in the Schedule.

SCHEDULE

Schedule B is hereby amended:

By the substitution in item 2 for the amount "N$4.07 of the amount N$4.88".

BY ORDER OF THE COUNCIL

COUNCILLORW.H. CLOETECHAIRPERSON OF COUNCIL Karasburg, 23 February 2000

MUNICIPALITY OF MARIENTAL

No. 49 2000

NOTICE OF VACANCY IN THE MEMBERSHIP OF THE MUNICIPALCOUNCIL OF MARIENTAL

In terms of Section 13(2) of the Local Authorities Act, 1992 (Act 23 of 1992), notice ishereby given that Councillor Paul Nghiwilepo resigned on 18 February 2000.

Notice is further given to SWAPO of Namibia to nominate a member to the MunicipalCouncil of Mariental within three months from the date of publication of this notice.

H.P. MEYERACTING TOWN CLERKPOBox 110Mariental

MUNICIPALITY OF OUTJO

No. 50 2000

AMENDMENT OF WATER SUPPLY REGULATIONS

The Council of the Municipality ofOutjo under Section 30(1)(u) of the Local AuthoritiesAct, 1992 (Act 23 of 1992), further amends the Water Supply Regulations promulgatedunder Government Notice 16 of 1974 as set out in the Schedule.

SCHEDULE

Annexure A is hereby amended:

(a) By the substitution for item 1 of the following item: -"1. SUPPLY OF WATER: -

(a) A basic monthly charge of N$12.00 is payable on every propertywhere a meter other than a prepaid meter is installed or where anysuch property, with or without improvements, can reasonably beconnected to the council's main water supply line.

(b) Industrial water, where a meter other than a prepaid meter is installed,per kilo litre supplied ... N$1.30

(c) Industrial water, where a prepaid meter is installed, per kilo litresupplied ...... N$4.50

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10 Government Gazette 1 April 2000

(d) Other water, where a meter other than a prepaid meter is installed,per kilolitre supplied N$I.60

(e) Other water, where a prepaid meter is installed, per kilolitre . N$5.30

(f) Charges which become due in terms of subparagraphs (a), (b), (c),(d) and (e) are payable on or before the fifteenth day of the monthfollowing the month during which the water was supplied."

BY ORDER OF THE COUNCIL

S.S. LUIPERTHCHAIRPERSON OF THE COUNCIL Outjo, 13 December 1999

No. 51

MUNICIPALITY OF HENTIES BAY

TOWN HALL REGULATIONS2000

The Council of the Municipality of Henties Bay has under and, by virtue of Section94( 1)(ae) of the Local Authorities Act, 1992 (Act 23 of 1992), as amended, made theregulations as set out in the Schedule.

BY ORDER OF THE COUNCIL

A.J. DAMESCHAIRPERSON OF THE COUNCIL

1.

SCHEDULE

In these regulations, unlessinconsistent with the context -

(i) "caretaker" means the personholding office as town hallcaretaker with the Councilorany person lawfully acting onhis behalf (iv);

(ii) "Council" means the Councilof the Municipality ofHenties Bay.

(iii) "day" means the time from06hOOuntil 18hOOand "byday" has a correspondingmeaning (i);

(iv) "Lessee means any personwho has received writtenapproval from the Council touse the town hall or anyperson lawfully acting on thelessee's behalf (ii);

(v) "night" means the time from18hOO until 06hOO and "bynight" has a correspondingmeanding (ii);

(vi) "town clerk" means theperson holding office as town

clerk with the Councilor anyperson lawfully acting on hisbehalf (vi)

2. "(1) The town hall may be leased fromthe Council for any of the purposesfor which a tariff has beenprescribed by special resolutionand in cases where no tariff hasbeen prescribed the Council maylet the town hall at tariffs to befixed at the time."

(2) Notwithstanding the fact thatspecific tariffs for the lease of thetown hall are prescribed, theCouncil reserves the right to refuseany application for letting withoutgiving reasons for such refusal.

(3) The Council shall, under nocircumstances, let the town hall forany purposes which are in conflictwith the provisions of the Lord'sDay Observance Proclamation,1921 (Proclamation 54 of 1921) orany other law.

(4) The Council may, as the case may

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No. 2304 Government Gazette 1 April 2000 11

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be, impose any further conditions inaddition to the provisions of theseregulations whenever he approves anapplication for the lease of the town hall.

3. (1) Any person wishing to lease the town hallor any part thereof from the Council shallapply therefor in writing in the formprescribed in Annexure A hereto and theprescribed fees shall accompany suchapplication. Verbal applications shallonly be accepted by the Council oncondition that it be confirmed withinseven days after such verbal applicationby a written application in the prescribedmanner, accompanied by the prescribedfees.

(2) Advance bookings of the town hall willbe accepted by the Council in respect ofa date up to six months in advance oncondition that the applicable prescribedfees shall accompany such application.

(3) No booking of the town hall shall beconsidered approved until the councilswritten confirmation thereto has beenreceived.

(4) Where a booking of the town hall hasbeen confirmed by the council and suchbooking is cancelled by the lessee;

(a) the Council shall retain 25% of therental where the booking iscancelled with at least thirty days'notice;

(b) the Council shall retain all therental where the booking iscancelled with less than thirty daysnotice and the town hall is not letfor the same purpose on that day;

(c) the Council shall repay the depositin full unless the Council has toincur specific expenditure topurchase equipment for suchletting in which case the Councilshall utilise the deposit to cover theexpenses and if the deposit is notsufficient to cover the Council'sexpenses the Council may recoverthe shortfall from the rental.

(5) The Council may terminate anyapproved letting of the town hallforthwith in writing ifthe lessee violates

the regulations or if theCouncil is of opinion that aperformance is not in thepublic interest.

(6) All applications to lease thetown hall will be considered inthe sequence of date in whichthey were received.

"(7) The cloakrooms shall be letonly to persons who presentdramaticperformances,concertsand similar funcitons."

(8) A lessee may not sublet thetown hall or any part thereof.

4. (1) The deposit that is paid shallbe utilised by the Council forreplacement or repair of anydamages or losses which theCouncil may suffer as a resultof the letting of the town hall.

Where the town hall has at any timealready leased and a second lesseesleases the town hall any time followingso shortly before or after the lease thatit will result in work being doneoutside normal working hours toprepare the town hall for either the firstor the second lessee's use, an amountof N$20-00 additional to the normaltariffs prescribed shall be payable bythe second lessee to cover the costs ofsuch work outside normal hours. Thisadditional amount ofN$20-00 will berecovered from the deposit paid.

(2) If the deposit which was paidis not sufficient to cover thedamages or losses the lesseeshall remain responsible to theCouncil for any extra anountneeded. -

5. (1) The Council accepts noresponsiblity for any damagesor loss to any property, articleor thing which the lessee orany other person may bring toleave on the town hall groundsor in the town hall.

(2) If the Council suffers any

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12 Government Gazette 1 April 2000

damage on account of any claimsor actions instituted by any personon the ground of any damage orloss resulting from the lease of thetown hall, the Council mayrecover such damage or loss fromthe lessee.

6. (1) A grand piano is made availablefor approved purposes when themain hall of the town hall is letand no other piano may be usedunless the Councils's writtenapproval thereto has beenobtained.

(2) Only the cooking apparatusprovided by the Council may beused by the lessee and suchcooking apparatus shall only beused under supervision of thecaretaker unless otherwiseapproved.

(3) The moving of any furniture fromthe town hall or from one hall orplace to another hall or place maybe undertaken only with theapproval of an under supervisionof the caretaker.

7. (1) No extra or special lighting maybe installed without the approvalof the Council and where suchapproval is granted it shall bedone on condition that such extraor special lighting shall beinstalled under supervision of thetown electrical engineer of theCouncil.

(2) All lighting and other electricalappliances shall be handled by thecaretaker unless the Council hasapproved the handling thereofbysome other person.

(3) The Council accepts no respon-sibility for any damage or loss alessee may experience as a resultof a power failure or as a resultof defective machinery, appli-ances or installations for lightingofthe town hall however caused.

lease satisfy himself that all furnitureand equipment included in his lease arecomplete, intact and in working order.

(2) All furniture or equipment founddefective by the lessee at the start ofthe lease shall be reported to thecaretaker who shall make aninspection thereof, make a list thereofand have the lessee sign such list.

(3) Where a lessee neglects to report suchdefective furniture or equipment to thecaretaker at the start of his lease it willbe assumed that such furniture orequipment was intact and in workingorder and the lessee shall be heldresponsible for the repaIr orreplacement costs of such defectivefurniture or equipment found at thetermination of his lease.

(4) At the termination of the lease a jointinspection of the town hall, furnitureand equipment shall be made by thelessee and the caretaker to ascertainwhether any damage has occured orwhether there are any shortages andthe lessee shall be held responsible forthe repair of such damage and themaking good of such shortages.

9. It shall be the duty of the lessee to ensurethat

(a) the town hall is used for the purposesfor which it has been leased;

(b) no intoxicating liquor except asapproved by the Council is broughtinto or used in the town hall;

(c) admittance to the town hall is limitedto the maximum admissable numberof persons to whom seating can begiven without providing extra seatsand without allowing persons to sit orstand in the aisles;

(d) all arrangements are made IIIconnection with the admission of thepublic, the provision of usherettes andthe maintenance of law and order;

(e) proper supervision takes place at anyperformance.

8. (1) The lessee shall atthe start of his 10. (1) No placards orrelated advertisementsshall be allowed on the town hall

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No. 2304 Government Gazette 1 April 2000 13

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grounds or in the town hall without DURATION OF FUNCTION FROM ...........the approval of the town clerk, UNTIL ............................................................

(2) No mural decorations of any kindshall be allowed and no interiordocorations, flags, emblems orrelated things shall be allowedwithout thc approval of the townclerk.

11. Any authorised employee of theCouncil may enter the town hall duringa performance in order to determinewhether the town hall is being used forthe purpose for which it was leased.

12. Should it be found during an inspectionthat the lessee violates any provisionof these regulations or uses the townhall for purposes other than thoseapproved, the Council shall have theright to cancel the lease forthwith andon such cancellation the lessee shallforfeit all moneys paid by him.

13. Any person who eontravens anyprovision of these regulations or whoobstructs the caretaker in the executionof his duties, shall be guilty of anoffence.

IIWe undertake to inspect the furniture andequipment leased in the presence of thecaretaker to establish whether any damagesor defects exist and I/We declare herewiththat I/We assume full responsibility for anydamage which may occur while thefurniture and equipment are leased by me/us.

I!We undertake to comply with theprovisions of the Town Hall Regulationsand to abide with any instructions givenby thc caretaker in the execution of hisduties.

I/We undertake to pay any shortfall on thedeposit paid for the use of the town hall orequipment to the Council if such extraamount is needed to replace or repair anyfurniture or equipment which have beendamaged during my/our lease thereof,

I/We undertake to compensate the Councilfor any damage which the Council maysuffer on account of any claims or actionsinstituted by any person on the grounds ofany damages or losses resulting from thelease of the town hall by me/us.The Council may delegate any of its

powers in ten11S of these regulationsto the town clerk. I/We undertake to vacate the town hall at

on the date my/our lease expires.

14.

15. Government Notice 29 of 1967 asamended is hereby repealed.

ANNEXURE A.

APPLICATION FOR THE LEASE OFTHE TOWN HALL

NAME OF APPLICANT ....................................

I/We admit that I/We arc conversant withthe contents of this application and theTown Hall Regulations and that I/Weunderstand it.

..................................................................APPLICANT RESPONSIBLE PERSON

......................................................ADDRESS TEL NO DATE

NAME AND ADDRESS OF RESPONSIBLEPERSON DURING PERIOD OF LEASE ...........................................................................................

REQUIRE

MAIN HALL/SIDE/HALL/KITCHEN/BAR/

CLOAKROOMS/CELLAR.

(Delete items not required),

NATURE OF FUNCTION ..................................

DATE ON WHICH REQUIRED ..........................

-(For office use only)

Rental: N$ Deposit N$ ..........

Receipt No Date: ..................

Application approved/not approved.

TOWN CLERK

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14 Government Gazette 1 April 2000 No. 2304

MUNICIPALITY OF GROOTFONTEIN

No. 52 2000

OUTDOOR ADVERTISING REGULATIONS

The Council of the Municipality of Grootfontein, after consultation with the Minister,has under section 94(l)(ae) ofthe Local Authorities Act, 1992 (Act 23 of 1992)-

(a) made the regulations set out in the schedule.

SCHEDULE

OUTDOOR ADVERTISEMENT REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Definitions

2. Advertisements on Council property, streets and public places other property

3. Advertisements on other property

4. Authorised advertisements

5. Prohibited advertisements

6. Conditions applicable to advertisements

7. Powers of Council

8. Reconsideration of decisions

9. Offences and penalties

10. Savings

Definitions

1. In these regulations a word or expression to which a meaning has beengiven in the Local Authorities Act, 1992 (Act 23 of 1992) shall bear that meaning and,unless the context otherwise indicates -

"Act' means the Local Authorities Act, 1992 (Act 23 of 1992);

"advertisement" means any written, graphic or pictorial representation of informationwhich is erected, or displayed at any place for the purpose conveying information aboutthe existence of a product, service, event, place or anything of interest to any person butdoes not include a road traffic sign;

"advertisement hoarding" means any structure which is used or is intended to be used forthe purpose of posting, exhibiting or displaying an advertisement;

"aerial advertisement" means any advertisement which is exhibited, displayed orperformed in the air by any means;

"Council" means the Municipal Council of Groot fonte in which is constituted under section6 of the Act and includes any officer or employee of the Council on whom the Councilhas delegated or assigned any power, function or duty which is to be executed or performedunder these regulations;

"Council area" means the local authority area of the Municipal Council of Grootfontein;

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No. 2304 Government Gazette I April 2000 15

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"erf" means an erf as defined in section 1 of the Townships and Division of LandOrdinance 1963 (Ordinance 11 of 1963)

"repealed regulation" means Regulation 30 of the Street and Traffic Regulationspromulgated by Government Notice 304 of 1951;

"road traffic sign" means a road traffic sign as defined in section 1 of the Road TrafficOrdinance, 1967 (Ordinance 30 of 1967);

"scheme" means the Grootfontein Town Planning Scheme prepared under section 16 ofthe Town Planning Ordinance, 1954 (Ordinance 18 of 1954); and

"subdivision" means a subdivision as defined in section 1 of the Townships and Divisionof Land Ordinance, 1963 (Ordinance 11 of 1963).

Advertisements on Council property, streets and public spaces

. 2. (1) No person shall erect or display an advertisement on Council property,a street or a public place situated in the Council area, unless, he or she has been givenwritten authority to do so by the Council.

(2) A person who wishes to apply for authority to erect or display anadvertisement on Council property, a street or a public place situated in the Council areashall complete the form approved by the Council and shall submit it to the Council.

(3) An application under subregulation (2) shall, unless the Council otherwisedetermines, be accompanied by -

(a) a plan of the site on which the advertisement is to be erected or displayedand the plan must -

(i) be drawn to a scale of not less than 1;500;

(ii) show the position of each surrounding building on the site and theposition of any Council water, sewerage, stormwater drainage,electricity installation or any other installation situated on the site;and

(iii) show the dimensional position of the advertisement in relation to theboundaries of the site;

(b) a drawing of the proposed advertisement and the drawing must _

(i) show the information that will be displayed on the advertisement aswell as the colour of the proposed advertisement; and

(ii) be drawn to scale of not less than 1:10;

(c) a photograph of the site where the advertisement is to be erected or displayedand the proposed position of the advertisement must be shown on thephotograph;

-............

(d) in the case of an advertisement which is to remain on the site for more than60 days, a certificate from a person registered under the EngineeringProfession Act, 1986 (Act 18 of 1986) and the certificate must indicate thatthe proposed advertisement when erected or displayed, will not be dangerousto any person or property; and

(4) On receipt of an application made under subregulation (2) the Council may _

(a) allow the application without imposing any condition;

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16 Government Gazette 1 April 2000 No. 2304

(b) refuse the application and supply to the applicant written reasons for therefusal; or

(c) allow the application and impose conditions, including conditions whichrestrict the period within which the advertisement can be erected or displayed,which are necessary and reasonable in the circumstances.

(5) Unless an application has been refused under subregulation (4)(b), theCouncil, may retain any document which is submitted to it by a person making anapplication under this regulation.

(6) Unless authorised by the Council, no person shall move, remove or alteranadvertisement which was erected or displayed under the regulation, but the owner ofthat advertisement or a person authorised by him or her, may, for the purpose ofmaintaining or renovating that advertisement, move, remove or alter it.

(7) Where an advertisement erected or displayed under this regulation is in astate of disrepair, is not being properly maintained or is erected or displayed incontravention of a condition imposed under this regulation, the Council may -

(a) withdraw or amend the authority to erect or display that advertisement andadvise the owner of that advertisement about the withdrawal or amendmentin writing;

(b) in writing, instnrct the owner of that advertisement to repair or maintainthat advertisement or to comply with any condition within a specified period;or

(c) if the owner of the advertisement fails to comply with an instnrction givenunder paragraph (b), repair or maintain the advertisement or do any act toensure compliance with the condition and thereafter recover any costsincurred from the owner of the advertisement.

(8) Notwithstanding subregulation (7), and when it is reasonable and necessary,the Council may in respect of an advertisement erected or displayed under this regulation -

(a) after giving 30 days written notice to the owner of that advertisement,withdraw the authority to erect or display that advertisement;

(b) after giving 30 days written notice to the owner of that advertisement, amendor remove a condition which was imposed when the authority to erect ordisplay was granted; or

(c) after giving 30 days written notice to the owner ofthat advertisement, imposea new condition for the erection or display of that advertisement.

Advertisements on other property

3. (1) Subject to regulation 2 and 4, no person shall, in the Council area,erect or display an advertisement or any place, unless he or she has been authorised bythe Council in writing, to erect or display that advertisement.

(2) A person who wishes to obtain the written authority contemplated insubregulation 91) shall, subject to necessary changes, comply with the procedures laiddown in regulation 2 and any authority granted by the Council shall be granted and usedin accordance with that regulation.

Authorised advertisements

4. (1) Notwithstanding regulation 3, a person may erect or display anadvertisement at any place other than the places referred to in regulation 2 if -

_ ..L

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No. 2304 Government Gazette 1 April 2000

(a) that advertisement falls under subregulation (2);

17

(b) that advertisement is not prohibited by regulation 5;

(c) that advertisement complies with regulation 6; and

(d) the owner of the property on which that advertisement is to be erected ordisplayed has consented in writing to the erection or display of thatadvertisement.

(2) Subject to subregulation (1), a person does not require Council's authoritybefore he or she can erect or display any of the following advertisements -

(a) an aerial advertisement as long as the advertisement does not causeenvironmental pollution or produce excessive noise;

(b) an advertisement showing the street number of a place or an advertisementshowing the name and address of the occupant or owner of a place as longas that advertisement does not exceed half a square meter in area;

(c) in an area zoned as residential in the scheme, an advertisement showing thename, logo, address and telephone number of -

(i) a resident occupation referred to in the scheme;

(ii) a person to whom under the scheme, consent use has been given bythe Council;

(iii) a person who has been engaged to give security services at the placeor a neighbourhood watch body; or

(iv) a person who at the place, is doing an activity which has been approvedin writing by the Council,

can be erected or displayed as long as the advertisement does not exceedone square metre in area and only one advertisement is erected or displayedon each erf, farm portion or subdivision;

(d) in an area zoned residential 2, residential 3 or undetermined and which ispredominantly used or is intended to be used for residential purposes underthe scheme, an advertisement showing the name, logo, address and telephonenumber of -

(i) a resident occupation referred to in the scheme;

(ii) a person to whom under the scheme, consent use has been given bythe Council;

(iii) a person who has been engaged to give security services at the placeor a neighbourhood watch body; or -

(iv) a person who at the place, is doing an activity which has been approvedin writing by the Council,

can be erected or displayed as long as the advertisement erected or displayedon each erf, farm portion or subdivision does not exceed two square metresin area" and unless the person concerned is engaged to give security servicesat the place or is a neigbourhood watch body, only one advertisement iserected or displayed on each erf, farm portion or subdivision;

(e) in an area zoned as business, restricted business, garage, industrial or special

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18 Government Gazette 1 April 2000

under the scheme, and where business is the primary use as defined in thescheme, any advertisement can be erectcd or displayed as long as the heightof that advertisement does not exceed five metres above the natural groundlevel and the advertisement does not go above the rooflevel of any buildingwhich is situated in that area;

(f) in an area zoned as office or special under the scheme, and where businessis not the primary use as defined in the scheme, any advertisement can beerected or displayed as long as the height of that advertisement does not goabove the roof level of any building which is situated in that area and thearea of that advertisement does not exceed two square metres;

(g) in an area zoned as office or special under the scheme, and where businessis not the primary use as defined in the scheme, any advertisement can beerected or displayed as long as the height of that advertisement does not goabove the roof level of any building which is situated in that area and thearea of that advertisement does not exceed two square metres;

(h) in an area reserved as private open space under the scheme, any advertisementcan be erected or displayed as long as the height of that advertisement doesnot go above the roof level of any building which is situated in that areaand the area of that advertisement does not exceed ten square metres;

(i) where construction is taking place, an advertisement, can be erected ordisplayed for the duration of the construction and that advertisement shall-

(i) show the name and particulars of the person carrying out theconstruction;

(ii) show the name and particulars of the person on whose behalf theconstruction is being carried out; and

(iii) not exceed ten square metres in area;

U) an advertisement can be erected or displayed for the duration of theconstruction and that advertisement shall -

(i) is erected or displayed at the residence or office of the candidate;

(ii) is erected or displayed for the duration of the election; and

(iii) does not exceed ten square metres in area;

(k) an advertisement which is erected or displayed in the interior of a buildingas long as that advertisement is not visible from a street or public place;

(1) a handbill, leaflet or an advertisement which is contained in a book,newspaper or pamphlet as long as the distributor does not litter any placewhich is situated within the Council area; or

(m) an advertisement which is affixed to a person or vehicle, excluding a vehiclewhich is used exclusively for the purposes of advertising or erecting ordisplaying an advertisement, as long as that advertisement does not disruptthe movement of people or traffic.

Prohibited advertisements

5. No person, shall in the Council area, erect or display an advertisement -

(a) which obscures a road traffic sign;

(b) which contravenes any law which is applicable to Namibia;

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No. 2304 Government Gazette 1 April 2000 19

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(c) which obstructs the flow of light or air into or out of a building or obstructsthe movement of people into, within or out of a building unless the personconcerned has obtained the consent of the owner or occupant of that building;

(d) which obscures an advertisement which was lawfully erected or displayedby another person, unless that other person consents to the erection or displayof that advertisement;

(e) which is dangerous to any person or property;

(t) which interferes with the enjoyment of the environment or obscures viewingof a place or thing which the Council may determine;

(g) which obscures the viewing of a thing or place which has been declared anational monument in terms of section 10 of the National Monuments act,1969 (Act 28 of 1969) unless permission to erect or display thatadvertisement has been obtained from the National Monuments Councilestablished under that Act; and

(h) by affixing it to, or by placing it onto, a vehicle unless the owner of thatvehicle consents to the erection or display of that advertisement onto thevehicle.

Conditions applicable to advertisements

6. (1) A person who, under these regulations, erects or displays anadvertisement or causes an advertisement to be erected or displayed shall -

(a) ensure that the advertisement is securely erected or displayed and that itdoes not cause damage to any property, animal, or plant;

(b) not, on any place other than an advertisement hoarding or a structureapproved by the Council, use water soluble adhesive, adhesive tape or othersimilar material to secure the advertisement d;

(c) take measures to prevent damage to that advertisement or its supportingstructure by water;

(d) ensure that electrical cables or conduct pipes which are connected to thatadvertisement are safe and covered in such a manner that they do not posedanger to any property to any property, plant, animal or person;

(e) comply with any law which governs the supply of electricity or the electricalwiring or premises in the Council area;

(t) prior to connecting the advertisement to any electricity supply point, obtainthe written permission of the Council; and -

(g) comply with any law which governs the construction of buildings in theCouncil area; --

(2) The owner of property on which an advertisement is erected or displayedand the owner of any advertisement are both jointly and severally responsible for themaintenance and repair of that advertisement.

(3) A person who, whilst erecting, displaying or removing an advertisement,internationally causes damage to any plant, animal, property or Council service commitsa crime and is liable on conviction to the penalties provided for in regulation 9.

Powers of Council

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20 Government Gazette 1 April 2000 No. 2304

7. (1) Where an advertisement is not repaired or is not being propertymaintained or poses a danger to any person or property, the Council may serve a writtennotice on the owner of that advertisement if known, or on the owner or occupier of theplace or premises on which the advertisement is erected or displayed.

(2) A notice referred to in subregulation (1) shall-

(a) advise the recipient to repair or maintain the advertisement within a specifiedperiod;

(b) request the recipient to repair or maintain the advertisement within a specifiedperiod;

(c) inform the recipient that if he or she fails to repair or maintain theadvertisement within the specified period, the Council may repair or maintainthat advertisement, and thereafter recover the cost of doing so from therecipient.

(3) If at the end ofthe period specified in subregulation (2), the recipient failsto repair or maintain the advertisement, the Council may repair or maintain thatadvertisement and thereafter recover the cost from the person on whom the notice undersubregulation (1) was served.

(4) Where a person erects or displays an advertisement in contravention of theseregulations or condition, including conditions relating to time limits, imposed by theCouncil, or where a person erects or displays an advertisement which is prohibited byregulation 5 the Council may -

(a) in the case of a prohibited advertisement, serve a written notice on the personwho erected or displayed that advertisement if known, the owner of thatadvertisement and the owner of the property where that advertisement issituated; or

(b) in any other case serve a notice on the owner of that advertisement.

(5) A notice referred to in subregulation (4) shall-

(a) advise the person concerned to comply with these regulations or a condition,including a condition relating to time limits, imposed by the Council withina specified period; or

(b) in the case of a prohibited advertisement, order the person concerned toremove the advertisement immediately.

(6) If a person fails to comply with a notice given under subregulation (4), theCouncil may remove, deface, obliterate or destroy the advertisement or takeany other remedial action which is necessary and reasonable in thecircumstances and thereafter recover any costs incurred from the personwho failed to comply with that notice.

(7) Any action taken by the Council under this regulation shall be in addition toany penalty imposed under regulation 9 for contravening these regulations.

(8) For the purposes of enforcing these regulations any officer or employee ofthe Council may exercise the powers conferred by section 91 of the Act.

(9) A notice required to be served under these regulations shall be served incompliance with section 93 of the Act.

Reconsideration of decision

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No. 2304 Government Gazette 1 April 2000 21

8. (1) A person who is aggrieved by a decision of the Council made underthese regulations may, within 30 days of receiving that decision, apply to the Council forreconsideration of that decision.

(2) An application made under subregulation (1) shall be in writing and shallcontain the grounds on which the decision should be reconsidered.

(3) On receipt of an application made under this regulation, the Council shallreconsider its decision and may -

(a) reserves the earlier decision;

(b) reverse the earlier decision and impose conditions, including conditionsrelating to time limits, which are necessary and reasonable in the circumstances; or

(c) confirm the earlier decision.

(4) The Council shall, within 60 days of receiving an application under thisregulation, notify the applicant in writing of the decision made under subregulation (3).

o Offences and penalties

(1) A person who -

in the Council area, erects, displays or uses an advertisement or causes anadvertisement to be erected, displayed or used contrary to these regulations;

in the Council area, erects, displays or uses a prohibited advertisement orcauses a prohibited advertisement to be erected, displayed or used;

contravenes or fails to simply with a requirement set out in a notice issuedand served on him or her under these regulations;

intentionally makes a false statement when making an application underthese regulations; or

contravenes or fails to comply with any provision of these regulations or acondition, including a condition relating to time limits, imposed under theseregulations,

commits an offence and is liable on conviction to a fine not exceeding N$2 000 or toimprisonment for a period not cxcceding six months or to both the fine and imprisonment.

(2) In a prosecution for an offence under these regulations-

(a) the owner ofland or a building on which an advertisement was erected ordisplayed is deemed to have erected or displayed that advertisement or caused it to beerected or displayed; -

(b) any person who was, either alone or jointly with any other person, responsiblefor organising, or was in control of, any meeting, function or event to which anadvertisement relate, is deemed to have erected or displayed any advertisement erectedor displayed in connection with that meeting, function or event or to have caused orallowed that advertisement to be erected or displayed; and

(c) any person whose name appears on an advertisement is deemed to haveerected or displayed that advertisement or to have caused or allowed that advertisementto be erected or displayed;

unless the contrary is provided.

Savings

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22 Government Gazette 1 April 2000 No. 2304

10. (1) Anything which was done under the repealed regulations and priorto the commencement of these regulations is deemed to have been done under theseregulations and is valid for all purposes.

(2) An application which was made to the Council under the repealed regulationsand prior to the commencement of these shall be determined in accordance to the repealedregulations.

(3) The owner of an advertisement which, with the authorisation of Council,was erected or displayed before the commencement of these regulations and the ownerof the property on which an advertisement was, with the authorisation of Council, erectedor displayed before the commencement of these regulations shall, within 12 monthsafter the commencement of these regulations, remove that advertisement , if thatadvertisement is prohibited by these regulations, or after that advertisement to complywith these regulations, if it does not comply with these regulations, if it does not complywith these regulations.

BY ORDER OF THE COUNCIL

G. SCHUSTERCHAIRPERSON OF THE COUNCIL

SWAKOPMUND MUNICIPALITY

No. 53 2000

REGULATIONS RELTING TO EARLY CHILDHOOD DEVELOPMENTCENTRES

The Council of the Town of Swakopmund under section 94(l)(p)(ii) of the LocalAuthorities Act, 1992,1992 (Act 23 of 1992) approved the following regulations:

1. Definitions

In these regulations, unless the context otherwise indicates -

"adequate", effective," "suitable," "sufficient." "proper" or "satisfactory"shall means adequate, effective, suitable, effective, suitable, sufficient, proper orsatisfactory in the discretion of the Town Health Officer, who shall exercise hisdescretion with duc regard to the preservation and safeguarding of public healthand safety;

"approved" means approved by the Town Health Officer;

"child" means a child between the ages of 3 months old and 6 years, admitted toa Early Childhood Development Center in terms of these regulations, and"children" shall have a corresponding meaning;

"Council" means the Municipal Council of Swakopmund andincludes anycommittee or employee of the Council exercising powers or performing duties orfunctions delegated to it or him by the Council;

"ECDC", OR "Early Childhood Development Centre" or Centre means anybuilding or premises maintained or utili sed for the custudy, care and/or tuition ofchildren during the whole or part of the dcay, on all or only some days of theweek, irespective of whether such centre is subject to registration in terms of theNATIONAL EARLY CHILDHOOD DEVELOPMENT POLICY or any otherlegislation and includes, day care centres, kindergarten, creches, pre-schools andnursenes;

)

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No. 2304 Government Gazette 1 April 2000 23

"licensee" means the holder of a Certificate of Fitness issued in terms of theprovisions of regulation 3;

"Town Health Officer" means the Chief Health Inspector of the Councilor anyofficer authorised to act on his behalf;

2. Scope of Regulations

These regulations shall apply to Early Childhood Development Centres in theMunicipal area of Swakopmund.

3. Registration

3.1 No person shall establish, erect, maintain, run or operate an Early ChildhoodDevelopment Center unless such person is the holder of a valid Certificate ofFitness issued to him by the Council in terms of the provisions of these regulationsin respect of such Early Childhood Development Centre.

3.2 No Certificate of Fitness as referred to in sub-regulation 3.1 shal1 be issued unless -

o 3.2.1 application has been made in the form as prescribed in Annexure "A" hereto,and

3.2.2 such application is accompanied by -

3.2.2.1 written comments of the immediate neighbours of the centrein terms whereifthe said neighbours grant their unconditionalconsents to the establishment and operation of the centre inrespect of which application is made;

3.2.2.2 a written nomination as referred to in sub-regulations 3.3, ifapplicable, and

3.2.3 the Early Childhood Development Centre to which the application relates,complies, in the discretion of the Town Health Officer, with the provisionsof these regulations, and

3.2.4 the applicable business registration fee, viz:

G 3.2.4.1 Centres with a turnover of less than N$50 000,00 per annum... ... ... N$65.00

3.2.4.2 Centres with a turnover of more than N$50 000,00 per annumN$300.00

has been paid.

3.3 If the applicant for a Certificate of Fitness is a juristic person, the Certificate ofFitness shall be issued to and held by the manager of the centre or other person incharge of the day to day operation of the centre, duly nominated by the applicant. -3.3.1 The Certificate of Fitness shall be valid from the day of issue, until 31

March of the following year, and shall be renewed annually and before oron 31 March.

3.3.2 A late fee of 10% per month or part of a month shall be charged in additionto the registration fee in respect of each application submitted after 31 Marchof that year, the date of the official municipal receipt to be accepted as thedate of application.

3.4 The issue of a Certificate of Fitness in terms of these regulations, does not exept

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24 Government Gazette 1 April 2000 No. 2304

the holder thereof from compliance with the provisions of any other regulationsan/or legislation which may be applicable.

4. Minimum requirements for establishing and maintaining an EarlyDevelopment Centre

Physical Requirements

4.1 Space

4.1.1 Sufficient space shall be provided insideand outside of the centre forthe children to play and move around freely.

4.1.2 Aninside playroom for playing activities, serving of meals andsleeping purposes, adequate in size in relation to the number ofchildren, must be provided. Eeach child shall gave his/her own smallbed, mattress, blancket or mat.

4.1.3 An outdoor play area shall be provided. It shall be free of excavationsand dangerous steps or levels.

4.1.4 An isolation room, equipped with at least a first - aid kit, a washbasin and a bed shall be provided.

4.1.5 The centre shall be well ventilated to ensure sufficient crossventilation.

4.1.6 The centre shall have sufficient lightning.

4.2 Shade

The children shall be protected against the harmful effects of the sun andagainst heat by means of shade netting, trees or verandas or anuy otherfacility, which, in the discretion ofthe Town Health Officer, pofides adequateand propcr protection.

4.3 Water

A constant and sufficient supply of cold and hot water from an approvedsource shall be provided at the centre for drinking, cooking, washing andcleaning purposes.

4.4 Sanitary and Ablution Facilities

A centre shall provide and maintain the following minimum ablution andsanitary facilities:

4.4.1 adequate (in relation to the number of children), and approved sanitaryfacilities, easlily accessible to all children. Each child younger than2 uears, shall have its own sepeate potty.

4.4.2 adequate (in realtion to the number of chilren), wash basins, soapand clean towels. A constant supply of cold and wan11 nmning watershall be povided to the wash-hand basin.

4.4.3 The floors of the ablution facitlities shall be tiled, or smooth-surfacesand painted with a washable finish.

5. Safety Requirements

4.1 The buildings and stmctures comprising the centre, shall be constructed, oraltered, as the case may be, in accordance with prior by the Council approved

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5.4

5.5

G 5.6

5.7

No. 2304 Government Gazette I April 2000 25

buidling plans and shall be maintained so as to conform at all times with thebuilding regulations of the Council.

5.2 Adequate measurers shall be taken for the protection of the children againstfires, hot water installations, electriacal fittings and appliances, heatapplicances and any other article or thing which may be dangerous or causeinjury to any child.

5.3 The centre shall be entirely enclosed by means of a sutiable fence, wall orother means so constructed as to completely preclude children from leavingthe confines of the centre of thier own accord and prevent the entrance ofanimals and which shall not be less than 1.5 metres in height. All gatesabddoors in such enclosure sha1l be close fitting and securely locked or otherwisec1osed, so as to prevent children and animals from opening same.

A first aid kit sufficiently and adequately stocked shall be provided andshall be readily available for use and must be kept ou of the reach of children.

A1l medicines and corrosive substances and other harmful substances shallbe stored in a safe manner, and sha1l not be accessible to children.

No noxious or poisonous plants or shrubs shall be planted or permitted onthe premises of a centre.

No person suffering from any infectious disease shall be permitted on thepremises of a centre

6. Hygiene Requirements

6.1 A1l working surfaces shall be of an approved material.

6.2 All cuboards, shelves and other equipment for the storage of kitchen utensilsand equipment shall be of approved materials and shall be so fitted or situatedas to be easily cJcaned and not to favour the harbouring of insects, rodentsand other vermin.

6.3 A sufficient number of bins with covers for the temporary starage of reg usepending disposl shall be provided.

6.4 A constant supply or running cold water or temostatically controlJcd watershall be provided to the wash-hand basins set aside for use by the children.

7. Medical care of Children

7.1 Each centre shall make arrangements for mobile medical clinics mannedby trained and qualified staff,to visit the centre once every two months forthe purpose of evaluating the health conditions of all children at the centre;

7.2 It shall be a requiment for admission ora child to any centre, that a certifiedcopy ofthe child's immunisation record be handed in and kept at the centreand no child shall be admitted to a centre unless the child has beenimmunised.

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7.3 No child suffering from a contagious disease shall be permitted to attend acentre and shall be kept at home until it has completely recovered.

7.4 The licensee or person(s) in charge of the children at a centre shall -

7.4.1 stric1y observe all children for any signs of illness, indisposition orother abnormal conditions;

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26 Government Gazette 1 April 2000 No. 2304

7.4.2 notify the parent(s) or sutodian or guardian, as the case may be,forthwith of any illness, indisposition or other abnormal conditiondetected;

7.4.3 if the circumstances of any illness or dispostion of any child at acentre require immediate and undelayed medical attention and subjectto prior consent of the parent, custodian or guardian, as the case maybe, summon the private medical practitioner of any child so sufferingform any illness or indisposition, or, in the event of the unaveilabilityof such medical practitioner, summon any other registered nedicalpractitioner forthwith;

7.4.4 Immediately isolate the child so affected in the isolation room providedfor the purpose, and devote all care necessary to the comfort andtreatment of the child whilst on the premises;

7.4.5 Carry out all instructions issued by the medical practitioner and, inthe event of a communicable disease, notify the Town Health Officerimmediately.

7.5 A record shall be kept at all times of -

7.5.1 all injuries sustained by a child at a centre (inclusive of the manner inwhich such injury was sustained);

7.5.2 all illnesses or indisposition of a child noticed or observed whilst atthe centre.

7.5.3 All persons employed at the centre who, in the descretion of the TownHealth Officer, are or may be in direct contact with the children, shallhave basic firt-aid training and shall undergo refresher courses infirst-aid training at intervals of not less than every third year.

7.6 No child shall be abused verbally, emotionally, sexually or physically.

8. Admission Procedure

8.1 A record of each child admitted at a centre shall be kept and maintained.

8.2 The record referred to in the previous sub-regulations shall contain thefollowing information-

8.2.1 in respect of each child:

. full namedate of birthsex of childname of parents, and if the parents are divorced or separated,names of the custodian and/or guardianresidential addressimportant medical imformationimmunisation record of childcontacting person in case of an emergency

...

..

..8.2.2 total number of children admitted

8.2.3 list of names of children admitted.

I:)

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No. 2304 Government Gazette 1 April 2000 27

9. Duties of the licensee

o

v

9.1 The licensee shall be responsible to the Council for the due and propercompliance with each and every provision of these regulations.

9.2 Without derogating from the generality of the preceding subregulation, thelicensee shall ensure that -

9.2.1 the Early Childhood Development Center and any part thereof(whether movable or immovable) shall be maintained and kept in good orderand state or repair and in a tidy condition free of dirt, filth, litter or noxiousmatters or things;

9.2.2 all cutlery, crockery, utensils, vessels, containers, receptacles,applicances and equipment used for the storage, preparation and serving offoodstuffs and perishables are kept in a clean and sanitary condition;

9.2.3 effective measures be taken and maintained for the prevention anddestruction of flies, cockroaches, rodents, insects and other vermin in suchEarly Childhood Development Center;

9.2.4 suitablc measures be applied for protecting all foodstuffs fromconamination by dust, dirt, flies or any other ccause;

9.2.5 adequate supply of soap, clean towels and nailbrushes at wash-handbasins are provided.

9.2.6 that all personnel, workers, helpers or any other persons engaged inthe Early Childhood Development Centre are clean in person and clothingat all times;

9.2.7 clear and sound overalls or coats oflight-coloured washable materialand suitable head-coverings for the use of persons engaged in the handling,preparation and serving of food, and ensure that such overalls or coats areworn at all times;

9.2.8 the children attending the centre are at all times under the directsupervision and control of at least one adult;

9.2.9 personnel or persons in charge of food-handling are medicallyexamined before employment or engagement at the Centre and proved tobe free from infectious or contagious diseases and that the said personnel orpersons be medically examined on an annual basis.

10. Existing Early Childhood Development Centres -Notwithstanding any provisions of these regulations, the owner of an EarlyChildhood Development Center already in existence on date of coming intooperation of these regulations, shall be permitted and obliged to comply with theprovisions of these regulations within a period of twelve months as from the dateon which these regulations came into operation; provided that the Council mayextend such period by a period not exceeding three months.

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11. Exemption

~otwithstanding any provisions of these regulations, the Council may, on the

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28 Government Gazette I April 2000 No. 2304

recommendation of the Town Health Officer and subject to the conditions he maustipulate, grant any licensee temporary or permanent exemption from compliancewith anuy one or more provision of these regulations.

12. Inspections

The Town Health Officer shall be entitled at any reasonable time to enter an EarlyChildhood Development Center to inspect the premises or buildings or any book,record, article or object theron or therein to determine whether the provisions ofthese regulations arc being complied with.

13. Offences and Penalties

13.1 Any licnsee or other person who -

13.1.1 delibertaly furnishes false informationinany application interms ofregulation 3, or

13.1.20f the provisions of these regulations or permits thecontravention of or non-compliance with anyone or more ofthe provisions of these regulations,

shall be guilty of an offence and liable on conviction to a penalty notexceeding N$200,00, and in the case of a continuing offence, to apenalty not exceeding N$IO.OO for every day during which suchoffence continues and, in default of payment, to imprisonment for aperiod not exceeding three months.

13.2 In addition to any fine or penalty in terms of the preceding sub-regulationthe Council may, at its discretion, withdraw a Certificate of Fitness issuedin terms of these regulations, alternatively, suspend such Certificate pendingdue and proper compliance with the provisions of these regulations, uponwritten notice to the licensee.

I~

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Currently Providing Plan to Provide

Meals

Care for the Handicapped

Creche Ages (0-3) years)

Educare Centre (2-6 years)

Nursery School (2-6 years)

Pre-Primary School (5-6 years)

After School Educational Training

Clinic/Medical and Dental ServicesOther (Specify)

Yes No

Fresh Running WaterNumber of ToiletsHand wash BasinWalls PaintedWindowsCeilingVentilation (Cross)

Indoor Space (m2)

No. 2304 Government Gazette 1 April 2000 29

HEALTH DEPARTMENT

APPLICATION FOR CERTIFICATE OF FITNESS - EARLY CHILDHOODDEVELOPMENT CENTRE (ECDC)

PLEASE NOTE: Final registration of an ECDC shall be considered by theCommunity Development Offi cer who can be contacted at theMondesa Municipal Offic es, Swakopmund.

A. IDENTIFYING PARTICULARS

1. Name ofECDC (Day Care Centre/Play Group/After School Centre etc.):................................................................................................................................

1.1 Street Address: .....................................................................1.2 Postal Address: ...........

1.3 Name of Person in charge: TelNo: .............1.4 Name of Owner/Manager: TelNo: .............

B. CHILDREN

1.2.

State the number of children to be accommodated:State the Age range of the children

.........................

.........................

C. SERVICES

1. Which of the following services do you provide or plan to provide? (Tick theappropriate blocks)

,~i

D. BUILDING

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ANNEXURE AMUNICIPALITY OF SWAKOPMUND

Tel: (064) 4104111 Fax: (064) 4104216 POBox 53

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GENERALYes No

Medical Certificates of Food handlersSickbed AvailableTowels and SoapSafety Measures Against FireFirst Aid EquipmentBoundary Walls and Lockable GatesLetters of Consent from NeighboursAnimals on Premises

STATEMENT OF ASSETS AND LIABILITIESAS AT CLOSE OF BUSINESS ON 29 FEBRUARY 2000

29-02-2000 31-01-2000

LIABILITIES N$ N$

Share Capital 40,000,00 40,000,00General Reserve 76,397,559 76,397,559Revaluation Reserve 373,918,478 378,940,421Special Reserve 2,535,000 2,535,000Building Reserve 90,243,320 90,243,320

Currency in Circulation 543,359,977 560,672,314

Deposits: Government 785,264,874 927,668,077Bankers - Reserve 87,703,680 91,259,380 -

- Current 579 470- Call 20,000,057 25,000,000

..........

Other 59,555,057 49,341,412

Other Liabilities 89,900,408 84,394,7182,168,878,932 2,326,452,671

ASSETS

External:

Rand Cash 26,602,170 41,359,354

30 Government Gazette 1April 2000 No. 2304

I certify that the above-mentioned information is to the best of my knowledge true andcorrect.

......................................... ................................ ........................SIGNATURE CAPACITY DATE

OFFICE USE: REGISTRATION FEES:(Turnover less than N$50 000.00 per annum =N 65.00(Turnover more than N 50 000.00 per annum =N 300.00INSPECTION BY:

RECEIPT NO:

DATE:

(PLEASE FORWARD TO: Town Health Officer, Altes Amptsgericht Building)

No. 54 2000

BANK OF NAMIBIA

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No. 2304

IMF - Special Drawing Rights

Government Gazette 1 April 2000 31

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Investments - Road Currency- Other Currency- Interest Accrued

Domestic:

Currency Inventory AccountLoans and Advances

Fixed AssetsOther Assets

L S IPANGELWADEPUTY GOVERNOR

121,813

726,181,5931,222,698,357

7,560,474

5,133,93648,089,504

126,485,1886,005,897

2,168,878,932

122,028

891,513,0801,202,284,752

8,542,978

5,300,59647,671,726

127,780,5471,877,610

2,326,452,671

U DAVIDSCHIEF FINANCIAL OFFICER

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