Allexer Namundjembo
The High Court has introduced a rule that allows deputy sheriffs to stop a person from bidding at a property auction if they do not pay a deposit upfront.
This means anyone who wants to bid on property at a sale in execution must first put down a deposit, or they will not be allowed to take part.
The rule is aimed at keeping auctions fair and preventing bidders who are not serious.
The change is part of new High Court amendments published in a government gazette of 22 August 2025. The rules, which came into effect immediately, also set out detailed procedures for writs of execution, auctions, and the sale of property.
A major protection has been introduced for debtors whose primary homes are at risk. Before a house can be sold to recover a debt, the court must first hold an inquiry and give the debtor a chance to suggest other ways to settle what they owe.
High Court judge president Peter Damaseb noted that “the court hearing the application may, if the circumstances of the case justify, allow the execution debtor or the person in occupation of the property to give oral evidence and be cross-examined by the legal practitioner of the execution creditor.”
The amendments also define who qualifies as a professional valuer under the Property Valuers Profession Act and clarify how value added tax (VAT) applies in proceedings.
The rules were made under section 5(1) of the High Court Amendment Act, 2024 (Act No. 2 of 2024), approved by President Netumbo Nandi-Ndaitwah and signed by Damaseb.
This comes as in 2014, government notice No. 4 introduced the original High Court rules, while notice No. 227 later repealed Rule 78 on property inspection.
The latest changes reinforce protections for debtors, ensure fair auctions, and modernise how debts are enforced in Namibia.
