THE City of Windhoek (CoW) has once again stepped in to assist the vulnerable family that was kicked out of their home with a lawyer to facilitate the process of halting the sale of the house.
CoW’s manager of corporate communications and marketing, Harold Akwenye, said the family will be housed somewhere else temporarily until such a time that the courts pronounce themselves on this matter.
The City Council has, as a standard practice invoked stipulations in the sales agreements for these type properties meant for targeted groups.
More particularly, these properties once allocated may not be sold to a third party within a period of seven years.
In this particular case involving the Otjomuise family, the restrictive resale conditions were omitted from the final deed of sale, despite the fact that clear instructions were given to the conveyancing attorneys to ensure that such pre-emptive rights were registered against the title deed.
This omission is being internally investigated.
On 3 September 2011, a certain Desmond Howard concluded a purchase agreement of an immovable property, Erf 3259 in Otjomuise, which was earmarked as part of the low costing housing scheme.
On 14 September 2011, Araeb and his wife Salode Araes concluded a sales agreement with the Windhoek Municipal Council.
Howard paid the purchase price to the City of Windhoek on the 15 September 2011.
Howard insists that the purchase price was not paid for and on behalf of the Araeb couple to obtain ownership of the immovable property, but for him to obtain ownership of the immovable property after seven years from 3 September 2011.
“Thus all along, the intention of the parties in the first agreement was never to pass transfer of ownership of the erf and any dwellings thereon to the Araeb couple. The purchaser (Howard) had at all material times the intention to acquire ownership of the erf to construct not one but many dwellings and or apartments,” said Akwenye.