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IRF620S - INSTITUTIONAL AND REGULATORY FRAMEWORK - 1ST OPP - NOV 2022 |
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nAm I Bl A un IVE RSITY
OF SCIEn CE Ano TECHn OLOGY
FACULTY OF ENGINEERING AND THE BUILT ENVIRONMENT
DEPARTMENT OF ARCHITECTURE, PLANNING AND CONSTRUCTION
QUALIFICATION: BACHELOR OF TOWN AND REGIONAL PLANNING &
BACHELOR OF REGIONAL AND RURAL DEVELOPMENT
QUALIFICATION CODE: 07BTAR &
NQF LEVEL: 6
07BRAR
COURSE CODE: IRF 620S
COURSE NAME: INSTITUTIONAL AND
REGULATORY FRAMEWORK
DATE: NOVEMBER 2022
PAPER: THEORY
DURATION: 3 HOURS
MARKS: 100
EXAMINER(S}
FIRST OPPORTUNITY EXAMINATION QUESTION PAPER
N Korrubel
MODERATOR: P Genis
INSTRUCTIONS
1. Answer ALL the questions.
2. Read all the questions carefully before answering.
3. Number the answers clearly
THIS QUESTION PAPER CONSISTS OF 10 PAGES (Including this front page)
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Institutional and Regulatory Framework
IRF6205
QUESTION 1
Answer only ONE of the following two questions. Provide a heading to indicate which one your
answer refers to.
A] Discuss the key findings of the Commission of Inquiry into Claims of Ancestral Land Rights
and Restitution.
(3)
OR
B] Discuss unintended consequences of ancestral land right claims.
(3)
[3]
QUESTION 2
a) Identify the relevant court, in view of the description provided, which is part of Namibia's
judicial system.
" ... shall hear and adjudicate upon appeals which involve the interpretation, implementation
and upholding of this Constitution and ..."
(1)
Source: The Namibian Constitution, Article 79.
b) Describe your answer supplied in Question 2(a)), by providing additional information.
(4)
[S]
QUESTION 3
Parliament consists out of two parts or Houses. One of the Houses is the National Council.
a) Repeat the other name of this House.
(1)
b) Describe the compilation (2 marks) and some of the functions of this House (5 marks). (7)
[8]
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Institutional and Regulatory Framework
IRF620S
QUESTION 4
Indicate the relevant articles of the Constitution of Namibia according to the provided
descriptions.
(6)
Select the correct Articles from the following list:
• Article 10
• Article 16
• Article 21
• Article 95
• Article 103
• Article 104
• Article 111
• Article 131
For example, your answer can be provided in the following way: A) Article 150
Description
A Establishment of Regional Councils.
B All people in Namibia have certain fundamental freedoms. For example the freedom to move
freely throughout Namibia.
C All of the fundamental rights and freedoms, including the provision on property rights, are
covered by the relevant article which says that no repeal of any of the fundamental rights and
freedoms will be permissible in so far as such repeal or amendment diminishes or detracts
from any of those rights.
D The State shall adopt policies aimed at the maintenance of ecosystems, essential ecological
processes and biological diversity of Namibia and utilization of living natural resources on a
sustainable basis for the benefit of all Namibians, both present and future; in particular, the
Government shall provide measures against the dumping or recycling of foreign nuclear and
toxic waste on Namibian territory.
E Establishment of Local Authorities.
F All people have the right to own land and other kinds of property in any part of Namibia.
[6]
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QUESTION 5
There are four kinds of law in Namibia.
Explain only ONE of the following sources of law. Provide a heading to indicate which one your
answer refers to.
A] Customary Law
(5)
OR
B] Common Law
(5)
[5]
QUESTION 6
Answer only ONE of the following two questions. Provide a heading to indicate which one your
answer refers to.
A] Explain the difference between policy and law.
(4)
OR
B] Describe the functions of the Ombudsman.
(4)
[4]
QUESTION 7
The first step in the law making process is to prepare a bill which is a proposal for a new law.
Describe the approval process which, for example the Ancestral Land Rights and Restitution Bill,
will follow.
(10)
[10]
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IRF620S
QUESTION 8
Identify step-by-step the submission and approval process of a township establishment
application, as stipulated in the act within an Authorised Planning Authority. The application is in
accordance with the relevant forward planning document. Match the correct steps (Step 1 to Step
8} with the descriptions provided.
(8)
For ex.
Step 13
STEP
For ex.
Submit with the XY-Committee.
DESCRIPTION
Advertise in the Gazette and newspapers; display a notice on-site and on
notice board at APA and notify neighbours.
The Chief Executive Officer informs in writing the applicant and every person
who lodged written objections of the Council's decision
The Hearing Committee makes a recommendation to the APA Council
Lodge complete application with Chief Executive Officer of APA
Follow a Hearing procedure, if written objections were received
Request the applicant to give notice of the application to the prescribed
persons and the general public
Appeal/scan be submitted, against the decision, with the Minister of MURO
The Council of the APA will decide to approve (with or without conditions) or
not approve the application.
[8]
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QUESTION 9
Report the scope of the proclaimed Urban and Regional Planning Act {No marks for reference to
Authorised Planning Authorities.).
{10)
[10]
QUESTION 10
Specify in which instance a local authority may be declared as an "authorised planning authority"
by the Minister, in terms of the approved Urban and Regional Planning Act {2018).
(2)
[2]
QUESTION 11
Answer only ONE of the following two questions. Provide a heading to indicate which one your
answer refers to.
A] In the article "Illegal fencing and the law" of the Legal Assistance Centre, various negative
impacts of illegal fencing are mentioned. List some of the impacts.
(4)
OR
B] Explain the following statement: "We say that communal land vests in the State".
(4)
[4]
QUESTION 12
Read through the article and answer the following questions.
Otjinenefillingstationto bedemolished(2017-07-31)
A BUSINESSMANis bitter at the prospect of seeing a N$4 million service station he built at
Otjinene being demolished after the High Court ruled that it was illegally built on communal land.
Ripanga Meroro has been ordered to dismantle the service station he built last year with a loan
after the High Court ruled in favour of the Maharero Traditional Authority, which protested that
the facility had been built on illegally acquired land which belonged to someone else.
According to an order of the court, Meroro had been given until 14 July 2017 to remove his
belongings, including a corrugated iron structure, two fuel tanks and concrete mixing machines,
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amongst others. He has not removed anything from the site because he says they are part ofthe
permanent structures at the investment. He was also previously ordered by the High Court to
vacate the land last December, but had defied the order, arguing that he had correctly applied,
and that there was no objection to the construction of the service station at the time.
Meroro last week told The Namibian that he had applied for the land in question five years ago
through the Ovaherero Traditional Authority (OTA). and was given the go-ahead to build the
service station.
The land in question appears to be at the centre of a jurisdiction dispute between the two
traditional authorities.
"I approached the OTA five years ago. They gave me the go-ahead to build a service station
because I wanted to create jobs, and there was a need for a filling station at Otjinene," he stated.
"Now, I have been ordered to demolish my building. But how can a ruling like that be made, just
because the traditional authority decided to give this land to someone else?", Meroro asked.
The Maharero Traditional Authority, however, says Meroro was supposed to approach them
before he started building since they were the ones recognised by government at Otjinene.
However, it was established that both traditional authorities are recognised by government.
Meroro said the people who also applied for the land (apparently to also build a service station)
only did so last year.
He added that he cannot appeal the High Court ruling because it is a costly process. He also did not
attend the last court hearing.
Otjinene constituency councillor Erwin Katjizeu said since the High Court had ruled on the matter,
he did not have much more to comment on it.
"It is indeed an unfortunate thing that this matter went this far. This is also a lesson to everyone
that they should make sure they get land through the correct channels," said Katjizeu. "At the end
of the day, the land board should also approve (all land acquisitions), and not just traditional
authorities," he added.
The governor of the Omaheke region, Festus Ueitele, shared Katjizeu's sentiments, confirming that
they indeed held several meetings regarding the issue. "This whole thing has been made a
political issue. My office dealt with this matter several times, and some people do not take advice
when it is given," he said without explaining.
Ueitele added that Otjinene needs the service station because it was good for development in the
area, "but if some things are not done the right way, the law must unfortunately step in". In a
letter addressed to the urban development ministry, the OTA rejected the demolition of the
service station because "it is a much-needed development project in the area".
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They argued that they procedurally gave Meroro the land, and that there was no dispute over the
land at the time.
"The OTA contends and wishes to advise our government that we are guided by the rule of law,"
reads the letter.
The OTA also argued that the Maherero Traditional Authority deliberately took the matter to court
only because they want to give the land to the well-connected and wealthy Mushimba clan.
Efforts to get comment from the Maharero Traditional Authority proved futile, as its spokesperson
Ngunae Kamutuezu said he needed permission to speak to the media.
A] The councillor Mr Katjizeu stated "This is also a lesson to everyone that they should make
sure they get land through the correct channels."
Complete the flow chart which illustrates the approval procedure for a Right of Leasehold.
Complete the flowchart, by providing the correct description to each respective number, in
your answering script booklet.
Copy the numbers (a - k) indicated in the various blocks of the flowchart, into your
answering script booklet.
½v = S½)
(11 X
j&k
g
-
h
,,,,,,,,,,,,,,,,,,
e I +--CTI ,,.,'.-,-,'-------. C
~----~
,,
1
1
L,__I
---"--
b__
(
c6
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(Source: Malan, J., (2009), Guide to the Communal Land Reform Act, 2002 (second edition),
Windhoek, Legal Assistance Centre & Namibia National Farmers' Union, p58)
B] The article indicates that two traditional authorities are recognized in this communal land
area. However, Otjinene is a local authority with a village council. It is not clear from the
article whether this property is within Otjinene's jurisdiction area, but if that is the case,
arrange the required approvals necessary, in the correct order in which the approvals should
be obtained, from the relevant bodies, before the construction of a service station can
occur.
Indicate the relevant three answers as follow: Step 1 ...(answer) ..., Step 2 ...(answer) ... etc.
(3)
STEP
DESCRIPTION
Obtain the relevant land use zoning (with a rezoning application's approval)
if the zoning does not allow service station as a primary use on the erf.
Obtain the approval of the building plan for the service station from the
relevant local authority.
Obtain consent from relevant traditional authority/ties.
Obtain environmental clearance certificate for the listed activity (storage
and handling of petrol)
Obtain the approval of the Regional Council
C] Identify the relevant body/organization whose comment on this matter is not provided in
the newspaper article, which could have shed light on the validity of the allocation of the
Right of Leasehold.
(1)
D] Identify in which instances a Right of Leasehold can be cancelled. Provide two answers.
(1½)
E] Indicate whether the following statement is True or False:
Local authority areas within the boundaries of communal land area do not form part of
communal lands or a settlement area declared in terms of the Regional Councils act.
(1)
[12]
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QUESTION 13
a) Repeat the fundamental principle of compensation.
(2)
b) Describe the reasons for amending the existing Compensation Policy which were highlighted
in the newspaper article "Regions review land compensation policy" (New Era, 31 August
2022).
(3)
c) Describe the compensation option available to the affected landowner (of land larger than
500m 2), who chooses the Money and Erven option. The landowner indicated that he/she is
not interested in alternative land for farming purposes.
(8)
QUESTION 14
Answer only ONE of the following two questions. Provide a heading to indicate which one your
answer refers to.
A] Describe the High Economic Value Model in terms of the following subtopics: The target
group, The objectives of the model, Detail of the land entities, Maximum size, Tenure and
Probation and Purchase Cost.
(10)
OR
BJ Describe the Moderate Economic Value Model in terms of the following subtopics: The
target group, The objectives of the model, Detail of the land entities, Maximum size, Tenure
and Probation and Purchase Cost.
(10)
[10]
TOTAL
[100]
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