Allexer Namundjembo
The City of Windhoek has ordered the demolition of a house built in Havana location in Windhoek after it found that construction took place without municipal approval.
City spokesperson Lydia Amutenya stated that the construction of the structure did not adhere to municipal building regulations, which mandate the submission and approval of building plans.
“City officials discovered that a brick structure was being erected on the erf and instructed the individual to stop construction because the area is still under incremental development and no approval had been granted,” Amutenya said in response to questions by the Windhoek Observer on Friday.
She said the instruction to stop construction was ignored and work continued on the structure.
“Despite this instruction, construction continued,” Amutenya said.
She said the municipality has directed the individual to remove the structure because it does not comply with municipal regulations.
Amutenya said the erf was allocated for residential purposes, but officials observed activities on the site indicating it was being used for church services.
“It should also be noted that the erf in question was allocated for residential purposes, while activities observed on the site indicate that it is being used to conduct church services. Churches fall under institutional land use and are not permitted in areas designated for residential purposes without the necessary approvals and planning processes,” she added.
She said no building plans were submitted before construction started.
“As no building plans were submitted to the municipality, no approval was granted by the City of Windhoek for the construction of the structure,” Amutenya said.
However, Affirmative Repositioning movement (AR) Khomas regional chairperson Sem David objected to the planned demolition.
David said the resident occupies land demarcated and allocated by the city and acted in good faith while improving shelter.
“While there may have been technical non-compliance with certain building or planning requirements, the municipality’s response must be guided by the principle of proportionality,” he said.
David called on the municipality to halt the demolition and consider other options.
He said the city should explore regularising the structure through the submission and approval of building plans and finalising lawful tenure arrangements such as lease agreements or deeds of sale.
The family living on the property, which has eleven members, also asked the municipality to review the demolition order.
The family said they did not disobey municipal officials when they were instructed to stop construction.
“They are saying we did not behave in a good manner towards the city officials, which we deny. No proof will prove that we did disobey their instructions,” the family said.
However, the family confirmed to the Windhoek Observer that building plans were not submitted to the municipality before the structure was built.
