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Doing Business In… 2026
Trends and Developments Arbitration and Administrative Law at the Wellhead: A Tri-Modal Framework for Resolving Disputes in Namibia’s Upstream Petroleum Sector Introduction Final investment decisions on the Orange Basin discoveries are expected by 2026. These...
Can a Victorian statute arrest a drillship?
As the Orange Basin races toward first oil, with TotalEnergies’ Venus and Galp’s Mopane developments both moving toward final investment decisions in 2026, Namibia is preparing to become a deepwater oil producer. Drillships, mobile offshore drilling units and a...
Dividing the Home: Transferring Immovable Property After a Divorce – Part 2
PART 2: Transfer costs and transfer duty In terms of Section 9(1)(j) of the Transfer Duty Act 14 of 1993, divorced spouses, who acquire sole ownership in a whole or any portion of property registered in the name of his or her divorced spouse to whom he or she was...
Dividing the home – transferring immovable property after a divorce – Part 1
The process of a divorce also involves the division of all goods owned during the marriage, including movable and immovable property. A key issue in this process is understanding how the transfer of the property occurs, especially when it comes to immovable...
Eviction in the Namibian Context
“Property is surely a right of mankind as real as liberty” – John Adams Let’s talk about eviction in Namibia! The most common legal principles and questions legal practitioners are faced with, are these: Can I evict someone with an eviction letter? It is common...
Key Changes to Note Regarding Transfer & Stamp Duties
As of 1 October 2024, a new legal framework has been applicable to the landscape of transfer duties and stamp duties. The below summary offers a brief explanation of the key changes which need to be taken into account when dealing with immovable property transactions...
DEED OF SALE – UNDERSTANDING SPECIAL vs. SUSPENSIVE CONDITIONS
Special and suspensive conditions in contracts can significantly impact their execution. This article explains the key differences, including enforcement and impact on obligations.
SUBDIVISION: GETTING MORE OUT OF YOUR LARGE ERF
Subdividing your property can be beneficial. Discover the process, legal requirements, and potential benefits of creating separate portions of land for mortgage, lease, sale, or other purposes.
EVICTING TENANTS – HAVE THE LAW ON YOUR SIDE
Namibian eviction laws require landlords to follow a legal process when removing tenants from a property. According to the Namibian Constitution, evictions must adhere to Article 80, ensuring a fair hearing for tenants. The Rents Ordinance Act 13 of 1977 mandates at least three months’ notice in areas with rent boards, while the default notice period is 30 days under common law. Landlords must prove rightful ownership and unlawful tenant occupation to initiate eviction. Legal advice is recommended to ensure compliance with these regulations.
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