Erongo Council to appeal Wlotzkas case

THE Erongo Regional Council has decided to turn to the Supreme Court in an attempt to force through its plans to expand Wlotzkasbaken against the wishes of people who have been leasing land at the coastal holiday settlement for years.

The Regional Council lost a court case against the Wlotzkasbaken Home Owners Association (WHOA) over the lease and sale of erven at the settlement late last year. It has now been resolved at the latest Regional Council meeting that the Council would appeal against the whole judgement and consequent orders granted in the High Court on December 12 last year.The appeal was lodged in January.High Court Judge Collins Parker ruled in December that the Council was not entitled to expand and develop Wlotzkasbaken before the settlement was proclaimed as a township falling under the domain of the Ministry of Local Government.The Judge also ruled that plots at the settlement north of Swakopmund must be sold on public auction to the highest bidder, as had been agreed by the Regional Council and the WHOA in a settlement that was reached in a previous court case between them in late 2006.The High Court ruled that the Regional Council had broken that agreement with the WHOA by continuing to advertise the lease of erven at Wlotzkasbaken on a first-come, first-served basis.Prospective lessees, including high-ranking Government officials, had apparently already placed their names on a waiting list.The Council has been planning for several years to expand and develop the settlement, but was stopped for many reasons.One of these is a limited water supply and the lack of a sewerage system.Wlotzkasbaken dates back to the late 1930s, when a portion of land was made available for people to erect non-permanent dwellings on leased plots.Because the settlement was not proclaimed, no more than 100 plots were allowed.Since the year 2000, the Regional Council has planned to increase the number of plots to 250.The WHOA opposed this, calling for the proclamation of the settlement so that they can obtain title deeds, and then a public auction of plots.It has now been resolved at the latest Regional Council meeting that the Council would appeal against the whole judgement and consequent orders granted in the High Court on December 12 last year.The appeal was lodged in January.High Court Judge Collins Parker ruled in December that the Council was not entitled to expand and develop Wlotzkasbaken before the settlement was proclaimed as a township falling under the domain of the Ministry of Local Government.The Judge also ruled that plots at the settlement north of Swakopmund must be sold on public auction to the highest bidder, as had been agreed by the Regional Council and the WHOA in a settlement that was reached in a previous court case between them in late 2006.The High Court ruled that the Regional Council had broken that agreement with the WHOA by continuing to advertise the lease of erven at Wlotzkasbaken on a first-come, first-served basis.Prospective lessees, including high-ranking Government officials, had apparently already placed their names on a waiting list.The Council has been planning for several years to expand and develop the settlement, but was stopped for many reasons.One of these is a limited water supply and the lack of a sewerage system.Wlotzkasbaken dates back to the late 1930s, when a portion of land was made available for people to erect non-permanent dwellings on leased plots.Because the settlement was not proclaimed, no more than 100 plots were allowed.Since the year 2000, the Regional Council has planned to increase the number of plots to 250.The WHOA opposed this, calling for the proclamation of the settlement so that they can obtain title deeds, and then a public auction of plots.