19th March, 2017

ZIVELI LIFESTYLE VILLAGE – A DESIGNED SOLUTION 1. Purpose of the Report One of the major challenges facing Namibia is urbanisation. Windhoek in particular is affected since it is the Capital City and there are no effective means of curbing its attractiveness for economic and population expansion. This is illustrated in the following figures takes from the National Census of 2011. Windhoek’s primacy is such that it has a population that is five times that of the second largest urban centre in Namibia.

Locality Urban Population 2011

Urban Population 2001

Rank 2012

Top Ten Windhoek 322 500 233 529 1 Rundu 61 900 36 964 2 Walvis Bay 61 300 43 611 3 Swakopmund 44 700 23 808 4 Oshakati 35 600 28 255 5 Rehoboth 28 800 21 308 6 Katima Mulilo 28 200 22 134 7

Source: Urbanization in Namibia; 2011 Preliminary Census Results and Vision 2030; Presented at the Strategic Spatial Planning Conference on Urbanization held at UNAM Medical School; (Windhoek 26 to 28 June 2012) by Faniel Maanda.

This Report explains implications arising from urbanisation and how the Ziveli Lifestyle Village on 27.33 hectare comprising Portion 8 (Kempenski) of the Farm Aris No. 29 is one of many desirable settlement options that have been and will in future be initiated to provide housing for the expanding population. (Portion 8 is held by Certificate of Consolidated Title No. 4494/1997) 2. Need & Desirability for Development The following is an extract from the Windhoek Structure Plan, compiled by the City of Windhoek in 1996. The Structure Plan accurately anticipated sizable population growth and pointed to the way forward. The City’s official position on this has not changed (130317 V. Endjala).

“Windhoek is centrally located in the Khomas Hochland. It lies in an approximately 10 kilometre wide valley. The valley is hedged in by mountainous terrain on the East and

West and is closed in the South by the Auas Mountains. … The valley runs for about 70 kilometres. To the North of the City the valley at Brakwater is about 13 kilometres wide and gradually broadens until it loses its distinctiveness as it reaches Okahandja, 80 kilometres away. In terms of the projections made, development will be extending beyond the Basin and into the Brakwater Area by the year 2010. The Brakwater Area is typified by private ownership of 25 hectare farm smallholdings. Urbanisation will be in private hands although influenced by Council. Council or the National Government may have to acquire property in order to ensure smooth expansion of the City. … Far smaller settlement is expected to take place on the Southern side of the Auas Mountains south of the City.” The Basin is expected to accommodate possibly 400 000 people. … Further urban growth will accommodate itself in whatever flatter areas can be found. Fifty years from now, the whole valley from Windhoek to Okahandja could be populated. One might also expect additional settlement beyond the Auas Mountains to the South and off the road to the airport (Sam Nujoma Drive) to the East.

Windhoek’s current population growth is of the order of 3.3% per annum. City statistics projecting its population and land requirements to accommodate this population growth are included in Annexure 1. Although Government Policy urges the growth of smaller centres, Windhoek’s role as national capital will ensure that it retains its primacy. This role involves the provision of administrative services, medical and educational facilities, banking, professional services, wholesale and retail distribution, infrastructure supply and maintenance. It is also a strategic point on the trucking route for trade between Namibia and South Africa. The 15,000 hectare of developable land within the Windhoek Basin is already fully committed to urban settlement and conservation. Densification is the new key concept. Urban growth has moved out of the Windhoek Basin. Growth beyond the Windhoek Basin is limited topographically to land closest to the national roads running north to Okahandja, south to Rehoboth and east to Gobabis. Satellite towns or commuter suburbs are to be expected. Farms in the path of urban spread are being subdivided to provide for suburban development. The Harmony Centre and Ziveli Lifestyle Village on portions of the Farm Aris No. 29 are typical of this spread. The need for proper administration of this spreading settlement motivated the City in 1993 to extend its Town Planning Scheme as Amendment Scheme No. 23 to include Brakwater. Since about the year 2000, the 25 hectare smallholdings have increasingly been subdivided. Many have been cut into 5 hectare portions. Some have been used for township development to accommodate housing and industry. An example is the Elisenheim suburb. Elisenheim consists of over 2,000 new erven. The purchase by the Government of the land on which the “Mix” informal settlement has taken place further emphasizes the changes that are beginning to affect the area known as Brakwater. However growth and settlement has inevitably been pushing out in other directions. Recognising this, the Ministry of Urban and Rural Development in 2012 substantially widened the City’s boundaries in all directions including land stretching half-way to Rehoboth in the South, Okahandja in the North and the Airport in the East. As stated in the City Report above quoted: “urban growth will accommodate itself in whatever flatter areas can be found”

3. Regional Development and the Kempenski Plots A result of urbanisation has been an increase in residential settlement outside of the Windhoek Municipal boundaries along the three main routes into the City; from Okahandja, from Rehoboth and from the International Airport. Groot Aub, for instance, at about 60 km from the City, has been expanding and is due for proclamation as a township soon. Omeya Township at about 35 kilometres distance from Windhoek City Centre is growing fast and proving popular. The Ziveli Lifestyle Village must be seen within this wider framework that encompasses other existing and likely future settlements within commuting distance of the Windhoek Urban Area. These new settlements are in response to the perceived and actual limit on developable land within the mountainous basin in which the City is located and a desire to maintain links with and therefore have easy access to the City. Thus the trend to establish new settlements outside of the Municipal Area follows along established communication lines especially the major roads. The established service corridors facilitate development by:

• having the cheapest development costs from the presence of service lines, i.e. roads, railway, and powerlines, and

• geographically following the flattest topography most conducive for settlement. The service corridors are thus the main focus for new settlement. The growing concern with creating proper conditions for service delivery along the service corridor to the South is illustrated in the following maps from Lithon Project Consultants (Pty) Ltd. who have undertaken the replanning of the national road, the B1, south of Windhoek to Rehoboth on behalf of the Roads Authority. The first map shows the Valhalla Interchange which will provide fast access to the Kempenski plots and Ziveli on Portion 8. The second map shows the context of the service corridor in which the interchange is situated.

The Plots along the District Road D1505 (also known as the Kruin area) were included in the Aris Scheme as a “Residential Township Development Area”. This is defined as land, which is set aside for future residential development including all land uses related to and necessary for residential development including new streets and new public open spaces, which the local authority wishes to reserve for future urban growth or development. Primary land uses would be inter-alia single residential, business, service station, institutional, accommodation, and tourist establishment. These are the types of land-uses included in Ziveli Township. However, as the definition makes clear “all land uses related to and necessary for residential development including new streets and new public open spaces, which the local authority wishes to reserve for future urban growth or development” are possibilities. Extracts from the applicable legislation are attached as Appendix 2.

When the Townships Board recommended the establishment of Ziveli in June 2007 they took into account all these trends, namely:

• the need to use every available and suitable level area of land; • the importance of densification to avoid land wastage; • convenience of access to road access; • proximity to the Windhoek urban area at 20 kilometres from the City Centre.

To this was added the developer’s ability to finance the provision of urban services. The township was proclaimed on the 1st November, 2012 (Notice No. 268 in the Government Gazette). Delays with finalizing its services and sales are jeopardizing the viability of this development and are undermining a needed developmental initiative. 4. Local Development and the Kempenski Plots In can be confidently stated that urban development will increase throughout the Kempenski plots and surrounding areas of the Farm Aris No. 29 restrained only by topography and the need to avoid endangering the Windhoek Aquifer. The Roads Authority upgrading of the B1 and creation of the Valhalla Interchange will accelerate pressure for urban development in the neighbourhood. The location of the Kempenski plots and Ziveli on the southern side of the Auas Mountains is shown in the following contour plan.

The Ziveli Lifestyle Village is laid out on Portion 8 of the Farm Aris No. 29. It lies in the broad fairly level base of a valley running down southwards from the Auas Mountains. It is surrounded on three sides (north, east and west) by higher lying steeper land. It is thus neatly tucked into the surrounding landscape. As a result it is not unduly intrusive into the present natural surroundings. Obviously this natural landscape will change as and when other developments take place. But in the meantime, Ziveli will presents a limited visible profile for neighbours. It will of course be these same neighbours who will initiate future further development. Such changes will more likely happen on the eastern, western and southern sides of the Ziveli Lifestyle Village. Land on the northern side is owned by the City of Windhoek and zoned as “Conservation” in its town planning scheme for the protection of the Windhoek Aquifer. 5. Suitability of Portion 8 for Development The level nature of Portion 8 facilitates housing design. The Estate and its suitability for a focused cluster of housing is illustrated in the following photograph taken across the Ziveli Estate looking north-east towards the Auas Mountains. Unfortunately most of the housing on the Estate will be too low lying to enjoy this view except the erven on the western side from where the photograph was taken.

The design of Ziveli Lifestyle Village nicely handles the issues of managing urban densification within a pleasant attractive livable environment. It has chosen to create a small business core owned and managed by a Homeowners Association. The town village centre will be available to other users, but with ‘rights reserved’ similar to the golf course at the Omeya Township being available to the public. There will be an access control, similar to other housing estates on the

perimeter of Windhoek. There will be one high density site with a density of 1/150 m² for flats just downhill from the business centre and adjacent to the open space. Close by, but still in the lower valley are sites for townhouses with densities from 1/350 m² to 1/500 m². These densities are below the common density for townhouses of 1/250 m² found in the urban area. They represent a more spacious environment for those families that do want to live within the confines of a secure estate. The majority of the sites numbering 94 erven are 700 m² and larger, this being a popular size for residential sites in Windhoek. They form a cordon around the higher density townhouse sites and in a way, buffer these sites off from neighbouring properties. The open spaces running along the valley floor provide an integrative element. They are overlooked by many of the dwelling units and are centrally located for recreation and visual appreciation. The last two significant land-uses are a structure for staff housing and maintenance and a site for a future possible lodge. The staff housing will save on issues of transport for staff. The total number of dwelling units including staff housing will be close to 300. The lodge, if it is constructed, will provide opportunity for visitors and for recreational activities in the area. 6. Complementary Facilities Density complies with City forward looking policy and also facilitates costs of services. The developmental density is not high in view of the areas being taken up by a lake and other open spaces in excess of 27% of the whole area of the Estate. The access road will be extended by tarring another 400 metres to the benefit of all residents making use of it. Other facilities which complement or are supportive of the development are the primary school at Aris, about 5 kilometres away and the training facility for the Namibian Police on the near neighbouring Portion 6. Harmony Mountain Village is located on Portion 23 and it has already been internally subdivided into 27 plots with some form of shared ownership. These households will benefit from the additional facilities being provided by the Ziveli small business centre and the security improvement along the common boundary. 7. Impact on of the development on the broader Sub-Region.

Ziveli is not the precedent for development in its sub-region; the neighbouring Harmony developments have already set a precedent. Ziveli will be a catalyst for further future development which should be properly managed. The impact the Ziveli development will have on the wider area (sub-region) can be broadly described as follows.

a. Developmental entrepreneurs will be attracted and land-owners will increasingly question whether they can increase their development potential. Some will resist the changes. Overall, as described below, land-values will rise.

b. The City should be setting the terms and conditions for its support of new developmental initiatives. A “structure plan” of some sort or policy guidelines would be ideal. Because land is in private ownership, growth and choice of land-usage is going to be heavily influenced by market factors. Private initiative and private capital will be the driving forces. Institutional guidance and control should be there but should be facilitative rather than constraining. The Aris Town Planning Scheme is already in place and this is a lively vehicle for exerting institutional control. The main features that require institutional regulation are:

a. Groundwater protection and environmental conservation of identified unique, specially beautiful, and vulnerable features;

b. Provision of services to development sites; c. Access and road capacity on a sub-regional scale; d. Ensuring a balance of land-usage of which the provision of residential opportunities

for the poorer sector of a community is one that is most commonly overlooked. c. Traffic will increase. d. A rural environment will become more urban in its appearance. Obviously the steep hillside

and mountain views are unaffected and are a major bonus for residents in all parts of Windhoek, including the sub-region around Ziveli.

e. Residents will increasingly have the benefits of urban living, such as schools, convenient shops, etc.

Restraints on development will be the very special need to protect ground-water resources. There is also a preference for higher density developments which use less water per household than low density developments. Factors here are garden size and small scale agricultural usage that often accompanies plots. Thirdly, there may be existing legal provisions in title deeds that delay more intensive development. 8. Mitigation of Impact on Sub-Region The most workable approach for the City in its role as administrator of the Sub-Region is for some alternative realistic scenarios for future development to be prepared and presented to potential developers as well as land-owners. The responses can then be used to draft guidance or development policies or even a “structure plan” for the sub-region. In that way, some of the adverse effects of development may be avoided and a common understanding can be engendered that will promote good cooperative development. With some developments north of Windhoek, the City is asking developers to provide the structure plan, or where there is already a broad plan in place, developers are being asked to provide the detailed planning which will integrate each individual development with its neighbours. I do not see this proposal as something to be initiated by Ziveli or the Harmony Mountain Village or the Police training facility. All of these development have already been approved. It is a matter for the City to initiate in consultation with all involved persons and organisations. At a different level however, guidelines and policies from the City on what it deems would be the development it will in future support have been drafted for other areas in the City. Such guidelines could be drafted for this sub-region as well. The area in question comprises of 15 smallholdings along one side of an existing Government Road and backing on to City owned mountainside zoned for Conservation. The road provides a basic integrative structure. A statement of the City’s guidance or policy for further development would not be a complicated document and could eliminate misunderstandings and unnecessary risk for investors. The guidance could indicate for instance, what topographical conditions (slope), ground permeability and other ecological conditions would be acceptable for what types of land uses and intensity of usage. Plot owners themselves can do their own topographical analyses, ground-water analyses, infrastructural evaluation and costing, etc. and would have a good understanding of how the results and proposals will be received by the City. Once development moves to the extensive Aris farmland to the south of the D1505, a more spatially descriptive plan will be required. This development will have much more impact on the sub-region and beyond. It might be expected of a developer in this southern area that the developer or land-

owner draft a more comprehensive structure plan for approval by the City before any development commences. 9. Impact on Neighbouring Development The Harmony Mountain Village abuts the Ziveli Lifestyle Village along one boundary which serves as the panhandle driveway into Harmony Mountain Village. The panhandle driveway itself runs for about 220 metres before it reaches the Village gate and the subdivided plots. Most of the land of the Harmony Mountain Village and its plots are located away from the Ziveli site with more mountainous and north facing views. Only three of these plots, two of whose houses have only recently been completed, will have a view over the Ziveli development. The view over the lower lying Ziveli estate should have been anticipated and may be one of the attractions for these couple of plots. The two closest plots within the Harmony Mountain Village are shown in the flowing photograph looking south-west over the Ziveli Estate. It should be noticed that the houses on the Harmony Estate are on much higher ground and will enjoy the advantage of the further view of the Auas Mountains shown in the first photograph above. Their mountain view is not blocked by the Ziveli Estate.

In the future these two houses might be affected by the construction activities taking place on the Ziveli Estate. A third house which does partially overlook Ziveli has an alternative view northwards and is only marginally affected. Because of the elevation of the two houses directly over a construction site, their view will be dominated for a period by the construction area. This is

pretty well unavoidable but, like the development of any new area, will not last forever. The owners of the two houses must have been aware of this likely disturbance since township approval was granted some 10 years ago in June 2007 and the township was registered in the Deeds Office in August 2012. 10. Mitigation of Impact on Neighbouring Development The impact on the two nearest houses is mitigated by the unaffected more distant view of the Auas Mountains and by the preservation of established trees on the Ziveli Estate. In the longer term they will have the benefit of a view over an interesting and visually attractive residential area. It will be a more attractive view than at present since it will feature a lake and the intended recycling of “grey” water will help ensure a higher level of vegetation cover. Bird life will also be attracted and thrive in the new environment. 11. Concrete Benefits of the Ziveli Lifestyle Village for Neighbours The main concrete benefits for neighbours from the Ziveli Lifestyle Village will be the following;

• A potable water connection is being taken from the City of Windhoek and will be piped to the area; the capacity of the pipeline exceeds that needed for the Estate, which means there will be a reserve capacity which can be used by neighbours and will provide them with additional water supply security. The supply is planned by the City to be up to 160 m³ per day by March 2019.

• Shopping facilities will be available close by. • The access road will be tarred for an additional 400 metres at the cost and initiative of the

Ziveli developers. • The establishment of a known good quality housing development with improved security

and a reduction in the risk associated with unknown development options.

12. Impact of Development on Land Values. Land values are related to the development potential of land. Land values tend to rise in anticipation of increased development potential. The inclusion of the Plots along the District Road D1505 in the Aris Town Planning Scheme as a “Residential Township Development Area” and the already existing developments including Ziveli will be perceived as an indicator of new developmental opportunities and will push up land values. I am not qualified to put a percentage to those figures. What I can say is that the process of changing development potential over an identified area starts of slowly as only a few developers and land-owners appreciate the opportunities that are opening up. This first slow stage can take a decade before “take-off”. Then the process accelerates as developers and land owners lose their concerns and accept the changes. Examples are the Feld Street Office Area and development in Brakwater. Even so, there will be a few land-owners who will hold back and criticize the new situation and refer back to how it was when they first occupied the area. The neighbourhood of Ziveli has already entered the starting phase with the Harmony Mountain Village, Ziveli itself, the Police training institute and another residential development called Tranquility Nature Estate about a 1000 metres east of Ziveli. More will follow, and hence land values will be positively affected.

13. Outstanding Matter During the approval process (see Annexure 2), according to the Town and Regional Planner, Mr. Francois Swart, there was consensus of the Namibia Planning Advisory Board (NAMPAB) and the Ministerial Officials (MURD) that the Need & Desirability and the Townships Board Approvals can be obtained and that the complete layout can then be incorporated as a whole in a subsequent Amendment of the Town Planning Scheme. The Aris Town Planning Scheme has not been revised since the approvals were given by NAMPAB and the Townships Board. Part of the reason for delay has been the change in administrative boundaries between the Khomas Regional Council and the Windhoek Municipal Council. The boundaries of the City expanded and the Local Authority as defined in the scheme changed from the Khomas Regional Council to the City of Windhoek. The City is contemplating doing a Town Planning Scheme for the whole extended area. The current situation is that the zoning of Ziveli needs to be included in an Amendment Scheme and that would be an Amendment of the Aris Scheme. The City must still give guidance on this matter. 14. Conclusions Living within easy travelling time of an expanding City does mean that environmental changes are common and residents have to be prepared to adapt their lifestyles. Densification and expansion are two persistent trends for Windhoekers. New settlement options are being sought at ever increasing distance, even as far as Rehoboth and Okahandja. The Ziveli Lifestyle Village on its very developable fairly level 27.33 hectare at a distance of about 15 kilometres from the Windhoek City Centre is a very viable settlement option. It will fortunately have beneficial effects on its surroundings and will provide a desirable life style option for some Windhoek residents.

ANNEXURE 1 ESTIMATED POPULATION GROWTH ESTIMATION AND LAND REQUIREMENT City of Windhoek 2017

Population 2001 233,529

Households 2001@4.1 /hh 56,958

Population 2011 325,858

Households 2011@3.7 /hh 88,070

Population 2015 372,342

Households 2011@3.7 /hh 100,633

2001 - 2012 Growth Rate 3.39%

Annual Population Growth Year 2001 2011 2012 2017 2018 2020 Average

Population 233529 325,858

336,905

398,015

411,508

439,881

2001-2011 Pop Increase 92,329

Additional People 9,233

11,047

13,050

13,493

14,423

10,366

Annual Additional Households

2,986

3,527

3,647

3,898

2,802

Household Cumulative 2,986

19,502

23,149

30,817

Land Required

Annual 149 176 182 195 140

Cumulative 149 975 1157 1541

ANNEXURE 2 DISCUSSION OF LEGISLATIVE PROCESSES REQUIRED FOR TOWNSHIP ESTABLISHMENT & THE ARIS TOWN PLANNING SCHEME. Scheme Provisions with respect to the Kempenski smallholdings & Ziveli (Portion 8) With the compilation and promulgation of the Aris Town Planning Scheme in 2006, the Kempenski smallholding (all about 25 to 30 hectare portions of the Farm Aris No. 29) were granted additional development rights. They are all shown in the Scheme as being part of a “residential township development area”. Twelve are shown with the zoning “rural residence”, two as “institutional” and one as “nature estate”. It is believed that all the included land-owners were satisfied with the Aris Scheme and especially those that took advantage of the newly allocated development rights. The designation as “residential township development area” has most relevance for Ziveli. In the Scheme, this is defined as follows:

Residential township development area refers to land, which is set aside for future residential development including all land uses related to and necessary for residential development including new streets and new public open spaces, which the local authority wishes to reserve for future urban growth or development.

In the listing of land reservations quoted below, a “residential township development area” is further shown to be intended for full township development including usage such as business and a service station.

3.5 RESIDENTIAL TOWNSHIP DEVELOPMENT AREA 3.5.1 Colour notation: Sky blue outline Primary use: Single residential, rural residence, business, service station, institutional, special, accommodation, undetermined, tourist establishment, retirement village Consent uses: Consent uses to the primary use as indicated in Table B 3.5.2 Land included in these areas and land adjacent to these areas can be developed as residential areas when the procedures as provided for in Chapter 6 are followed.

If one then examines the planning controls applicable to the various zones and usage, one finds the following. “Single residential” allows for dwelling units, but the definition does not prescribe that they should be detached. This means they may be

in the form of attached units such as townhouses. Under “business”, the Scheme allows for town house, flats, and other residential buildings as primary uses. On the majority of the portions zoned “rural residence, the Scheme allows the land-usages of “public garage, light industry, workshop and butchery” as consent uses. The overall impression is that the Scheme was intended to facilitate and encourage residential township development with all its common associated land-usages and residential densities but without directly prohibiting other land uses such as warehousing and industry. Legal Procedure: Requirements of the Aris Town Planning Scheme The following are the procedures set out in the Aris Town Planning Scheme for township establishment as followed by the developers of Ziveli.

6.2 TOWNSHIP ESTABLISHMENT AND SUBDIVISION OF LAND INTO ERVEN 6.2.1 All applications for the township establishment or the subdivision of land into erven will be done in accordance with the following legislation governing the subdivision of land: Townships and Division of Land Ordinance 1963, (Ordinance 11 of 1963), as amended. 6.2.2 Any person intending to establish a town or subdivide land in erven shall before applying to the Namibia Planning Advisory Board and the Townships Board furnish the Council for its comments with the following: (a) a layout plan showing the extent of the subdivision and the points of access to the area from the main road, district road or the farm road (b) a motivation for the establishment of the town (c) if access is obtained from any proclaimed main, district of farm road, the written consent of the Roads Authority to get access from such a road (d) if water for the erven are going to be obtained from a bore hole a certificate from a registered authority that will proof that the yield of the borehole is adequate for the. development (e) if water for the erven are going to be obtained from another source the signed agreement with the owner of that source that sufficient water will be provided (f) if electricity for the erven are going to be obtained from somewhere else, the signed agreement with the owner of that source that electricity will be provided

(g) provide details on how the sewerage that will be generated by the development on the erven will be piped and treated (h) provide details on how all household waste will be disposed off 6.2.3 Applications for the subdivision of small portions of land will only be considered by the Council if an adequate coordinated street system is allowed in the planning in order to link the portion to be subdivided with adjacent portions and with the main roads and streets in the area. 6.2.4 The Council shall within sixty (60) days from the submission to it of particulars under this clause provide the applicant with the comments of the Council which must be included in the application to the relevant authority as stated above. 6.2.5 In the case where the Council do not provide the applicant with their comments within 60 days, the applicant can apply to the relevant authorities without the comments of the Council as stated above and provide the Council with a copy of the application. Such an application to the relevant authorities must also state that the Council did not provide the applicant with comments within the prescribed period.

Legal Procedure: Requirements of the Townships and Division of Land Ordinance 1963, (Ordinance 11 of 1963), The following are the stipulations of the Ordinance for anyone seeking permission to establish a township. In view of the provisions of the Aris Town Planning Scheme, any owner of one of the Kempenski smallholding would be bound to follow the provisions set out below. The requirement to advertise is found under paragraph 5(a)(iii). The Board Secretariat would have placed these notices as required by legislation thereafter the township establishment submission would have appeared on the Board’s agenda.

Application for permission to establish a township. 5. (1) The owner of land who proposes to establish a township thereon shall make application for permission to do so in writing to the Minister, in such form and accompanied by such information and documents as may be prescribed. (2) Whilst an application is under consideration it shall be competent for the applicant to amend it in regard to any matter or proposal therein contained. (3) If the land on which it is proposed to establish a township is subject to a mortgage bond the consent of the mortgagee to the application shall be submitted therewith.

(4) The applicant shall deposit with the Minister such a sum of money as the Minister estimates to be sufficient to cover the expenses of the Board and an undertaking therewith to defray any balance of expenses which may become due by him in terms of this section.

(5)(a)(i) Upon receipt of the application the Minister shall refer it to the Namibia Planning Advisory Board for consideration and a recommendation on the desirability and necessity of establishing the proposed township.

(ii) The recommendation of the Namibia Planning Advisory Board shall be submitted to the Minister and the Minister shall decide whether the establishment of the proposed township is desirable and necessary, or not: Provided that the Minister may, before so deciding, refer the application back to the Namibia Planning Advisory Board for such further inquiry as the Minister may deem fit.

(iii) Should the Minister decide that the establishment of the proposed township is desirable and necessary, he shall refer the application to the Board and thereupon the Board shall publish, once in the Gazette and once in such newspaper or newspapers as the Board may deem fit, a notice that such an application has been received and is open for inspection at the office of the Director of Local Government and at such other places (if any) as may be stated in such notice. Section 5(5)(a)and (b) substituted by Section 6 of Ordinance 10 of 1973

Section 5 amended by Section 36 of 1967 (6) Any person who objects to the granting of the application or who is desirous of being heard or of making representations in the matter may communicate in writing with the Board or may give evidence before the Board on the date and at the place stipulated by the Board in the notice referred to in subsection (5): Provided that any such written communication shall be in the hands of the Board not later than one month as from date of publication of such notice. Section 5(6) substituted by Section 2(b) of Ordinance 36 of 1967 (7) In the consideration of the application and any objections thereto which have been lodged, the Board may require the applicant or the objector, as the case may be, to furnish it with such further particulars, information, plans and diagrams as it deems fit. (8) All expenses connected with publication of notices, the Board's visit of inspection and enquiry of meetings of the Board in connection with the application and establishment of a township, including the travelling or other allowances payable to members or staff of the Board, shall be borne by the person making the application, whether such application be granted or not. Section 5(9) deleted by Section 2(c) of Ordinance 36 of 1967

The Townships Board will have considered the layout inclusive of the proposed zoning of the erven. It is common practice that approval of the layout must include approval of the designated land-usage. A township developer cannot be granted free range to change land uses arbitrarily after township establishment has been approved, although the Ministry may allow minor amendments that do not undermine the intentions of the Board in approving the layout. In the Ziveli establishment process according to Mr. Swart, the responsible town and regional planner, it was “the consensus of NAMPAB and Pieter Genis at the Ministry, … that Need and Desirability Approvals and the Townships Board Approvals can be obtained and that the complete layout can then be incorporated as a whole in a following Amendment of the Town Planning Scheme.” This is the expected procedure for all new township establishments. The next step is the incorporation of the new township with its approved land usage into the appropriate town planning scheme. Since the authority for the Aris Town Planning Scheme has passed to the City of Windhoek, it is up to this body to take further steps to accommodate the township and the land uses (zoning) as approved by the Minister of Urban and Rural Development on the advice of the Townships Board with any new proposals as it deems acceptable and appropriate in line with the Ministerial decision.