Removal of Post Office Savings Bank from Section 2(2) of the Banking Institutions Act

CONTENTS Page GOVERNMENT NOTICES No. 34 Removal of Post Office Savings Bank from Section 2(2) of Banking Institutions Act: Banking Institutions Act, 1998 ............................................................................................................................ 2 No. 35 Declaration of Kasote Extension 1 to be an approved township: Rundu Town Council ...................... 2 No. 36 Declaration of Kasote Extension 2 to be an approved township: Rundu Town Council ...................... 3 No. 37 Declaration of Kasote Extension 3 to be an approved township: Rundu Town Council ...................... 5 No. 38 Change of surname: Aliens Act, 1937 .................................................................................................. 6 GENERAL NOTICES No. 62 Interim valuation of rateable and non-rateable properties situated within the Local Authority Area of Rundu .................................................................................................................................................... 7 No. 63 Swakopmund Town Planning Amendment Scheme No. 44 ................................................................. 7 No. 64 Swakopmund Town Planning Amendment Scheme No. 45 ................................................................. 7 No. 65 Swakopmund Town Planning Amendment Scheme No. 46 ................................................................. 8 No. 66 Outapi Town Planning Amendment Scheme No. 2 .............................................................................. 8 No. 67 Ministry of Trade and Industry: Public Notice on Business Registration ............................................ 8 No. 68 City of Windhoek: Permanent closing of Portion A of Erf 6279 Nikanor Shikwambi Street, Katutura as public open space, (The portion is approximately 85m2 in extent, adjacent to Erf 5753, Katutura and will be sold to the owner of Erf 5753, Katutura for consolidation purpose) ................................. 9 No. 69 Municipality of Karasburg: Electricity Tariffs 2010/11 ........................................................................ 9 No. 70 Namibian Competition Commission: Notice of determination made by Commission in relation to proposed merger ................................................................................................................................... 12 No. 71 Permanent closure of Portion A of Erf 340, Oshikango as a public open space (Portion A measures ±13.60 ha in extent) the portion will be used for the formalisation of the existing business infrastruc- ture into a new township for the town of Oshikango ............................................................................ 13 N$2.80 WINDHOEK - 1 April 2011 No. 4679 GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA

2 Government Gazette 1 April 2011 No. 4679 No. 72 Bank of Namibia: Statement of Assets and Liabilities as at close of business on 28 February 2011 ... 13

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Government Notices MINISTRY OF FINANCE No. 34 2011 REMOVAL OF POST OFFICE SAVINGS BANK FROM SECTION 2(2) OF BANKING INSTITUTIONS ACT: BANKING INSTITUTIONS ACT, 1998 Under subsection (3) of section 2 of the Banking Institutions Act, 1998 (Act No. 2 of 1998), on the recommendation of the Bank of Namibia, I remove the Post Office Savings Bank as defined in the Posts and Telecommunications Act, 1992 (Act No. 19 of 1992) from subsection (2) of that section with effect from the date of publication of this notice. S. Kuugongelwa-Amadhila Minister of Finance Windhoek, 4 March 2011

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MINISTRY OF REGIONAL AND LOCAL GOVERNMENT, HOUSING AND RURAL DEVELOPMENT No. 35 2011 DECLARATION OF KASOTE EXTENSION 1 TO BE AN APPROVED TOWNSHIP: RUNDU TOWN COUNCIL In terms of Section 13 of the Townships and Division of Land Ordinance, 1963 (Ordinance 11 of 1963), I declare the area situated on Portion 83 of the Farm Rundu Town Townlands No. 1329 in the Registration Division “B” as indicated on General Plan No. B 244 to be an approved township. The conditions, subject to which the application for permission to establish the township concerned has been granted, are set forth in the Schedule below in terms of the said section 13. J. EKANDJO Minister of Regionaland Local Government, Housing and Rural Development Windhoek, 10 March 2011 SCHEDULE

1. Name of township: The name of the township shall be called Kasote Extension 1.
2. Composition of township: The township comprises of 277 erven numbered 345 to 621 and the remainder streets as indicated on General Plan B 244.
3. Reservation of erven: (1) The following erven are reserved for the State:

No. 4679 Government Gazette 1 April 2011 3

• for a Sports field: Erf 617;
• for Educational purposes: Erven 345 and 554; and
• for a State Hospital: Erf 553. (2) The following erven are reserved for the Local Authority:
• for Public Open Spaces: Erven 619 to 621.

4. Conditions of title: (1) The following conditions shall be registered in favour of the Local Authority against the title deeds of all erven, except the erven referred to in paragraph 3: The erf shall only be used or occupied for purposes which are in accordance with, and the use or occupation of the erf shall at all times be subject to, the provisions of the Rundu Town Planning Scheme prepared and approved in terms of the Town Planning Ordinance, 1954 (Ordinance 18 of 1954) as amended. (2) The following conditions shall in addition to the condition set out in subparagraph (1) be registered against the title deeds of Erven 345, 347 to 377, 379 to 392, 392, 394 to 416, 418 to 550 and Erven 555 to 611. The building value of the main building, including the outbuildings, to be erected on the Erf shall be at least four times the valuation of the erf. (3) The following conditions shall in addition to those enumerated in paragraph (1), registered in favour of the Local Authority against the title deeds of Erven 393 and

The building value of the main building, including the outbuildings to be erected on the erf shall be at least three times the valuation of the erf. (4) The following conditions shall in addition to those enumerated in subparagraph (1), be registered in favour of the Local Authority against the title deeds of Erven 346 and 614. The building value of the main building, including the outbuildings, to be erected upon the erf, shall be at least two times the valuation of the erf.

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MINISTRY OF REGIONAL AND LOCAL GOVERNMENT, HOUSING AND RURAL DEVELOPMENT No. 36 2011 DECLARATION OF KASOTE EXTENSION 2 TO BE AN APPROVED TOWNSHIP: RUNDU TOWN COUNCIL In terms of section 13 of the Townships and Division of Land Ordinance, 1963 (Ordinance 11 of 1963), I declare the area situated on Portion 84 of the Farm Rundu Townlands No. 1329 in the Registration Division “B” as indicated on General Plan No. B 245 to be an approved township. The conditions, subject to which the application for permission to establish the township concerned has been granted, are set forth in the Schedule below in terms of the said section 13.

4 Government Gazette 1 April 2011 No. 4679 J. EKANDJO Minister of Regionaland Local Government, Housing and Rural Development Windhoek, 10 March 2011 SCHEDULE

1. Name of township: The township shall be called Kasote Extension 2.
2. Composition of township: The township comprises of 228 erven numbered 622 to 849 and the remainder streets as indicated on General Plan B 245.
3. Reservation of erven: (1) The following erven are reserved for the State:

• for Education purpose: Erf 845. (2) The Following erven are reserved for the Local Authority:
• for Public Open Space: Erven 847 to 849.

4. Conditions of title: (1) The following conditions shall be registered in favour of the Local Authority against the title deeds of all erven, except the erven referred to in paragraph 3: The erf shall only be used or occupied for purposes which are in accordance with, and the use or occupation of the erf shall at all times be approved in terms of the Town Planning Ordinance, 1954 (Ordinance 18 of 1954) as amended. (2) The following conditions shall in addition to the conditions set out in subparagraph (1) be registered against the deeds of Erven 622 to 714, 716 to 718, 720, 721, 723 to 743, 746 to 762, 764, and 767 to 844. The building value of the main building, including the outbuildings, to be erected on the erf shall be at least four times the valuation of the erf. (3) The following conditions shall in addition to those enumerated in subparagraph (1), be registered in favour of the Local Authority against the title deeds of Erven 669, 670, 715, 719, 719, 722, 744, 745, 763, 765 and 766. The building value of the main building, including the outbuildings, to be erected on the erf shall be at least three times the valuation of the erf. (4) The following conditions shall in addition to those enumerated in subparagraph (1), be registered in favour of the Local Authority against the title deed of Erf 846. The building value of the main building, including the outbuildings, to be erected on the erf shall be at least two times the valuation of the erf.

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No. 4679 Government Gazette 1 April 2011 5 MINISTRY OF REGIONAL AND LOCAL GOVERNMENT HOUSING AND RURAL DEVELOPMENT No. 37 2011 DECLARATION OF KASOTE EXTENSION 3 TO BE AN APPROVED TOWNSHIP: RUNDU TOWN COUNCIL In terms of section 13 of the Townships and Land Ordinance, 1963 (Ordinace 11 of 1963), I declare the area situated on Portion 85 of the Farm Rundu Townlands No. 1329 in the Registration Division “B” as indicated on General Plan No. 1329 to be an approved township. The conditions, subject to which the application for permission to establish the township concerned￾has been granted, are set forth in the Schedule below in terms of the said section 13. J. EKANDJO Minister of Regionaland Local Government, Housing and Rural Development Windhoek, 10 March 2011 SCHEDULE

1. Name of township: The name of the township shall be called Kasote Extension 3.
2. Composition of Township: The township comprises of 184 erven numbered 850 to 1033 and the remainder streets as indicated on General Plan B 246.
3. Reservation of erven: The following erven are reserved for the Local Authority:

• for Public Open Spaces: Erven 1029 to 1032; and
• for streets: Erf 1033.

4. Conditions of title: (1) The following conditions shall be registered in favour of the Local Authority against the title deeds of all erven, except the erven referred to in paragraph 3: The erf shall only be used or occupied for the purposes which are in accordance with, and the use or occupation of the erf shall at all times be subject to, the provisions of Rundu Town Planning Scheme prepared and approved in terms of the Rundu Town Planning Scheme prepared and approved in terms of the Town Planning Ordinance, 1954 (Ordinance 18 of 1954) as amended. (2) The following conditions shall in addition to the conditions set out in subparagraph (1) be registered against the title deeds of Erven 850 to 913, 918 to 926, 931 to 935, 937, 940 to 946 and Erven 997 to 1027. The building value of the main building, including the outbuildings, to be erected on the erf shall be at least four times the valuation of the erf.

6 Government Gazette 1 April 2011 No. 4679 (3) The following conditions shall in addition to those enumerated in subparagraph (1), be registered in favour of the Local Authority against the title deeds of Erven 916, 917,926 to 930, 936, 938, 939, 944 and 945. The building value of the main building, including the outbuildings, to be erected on the erf shall be at least three times the valuation of the erf. (4) The following conditions shall in addition to those enumerated in subparagraph (1), be registered in favour of the Local Authority against the title deeds of Erven 996 and 1022. The building value of the main building, including the outbuildings, to be erected on the erf shall be at least two times the valuation of the erf. (5) The following conditions shall in addition to those enumerated in subparagraph (1), be registered in favour of the Local Authority against the title deed of Erf 846. The building value of the main building, including the outbuildings, to be erected on the erf shall be at least two times the valuation of the erf.

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MINISTRY OF HOME AFFAIRS AND IMMIGRATION No. 38 2011 CHANGE OF SURNAME: ALIENS ACT, 1937 In terms of section 9(1) of the Aliens Act, 1937 (Act No. 1 of 1937), it is hereby made known that the Minister of Home Affairs and Immigration has under the said section authorized each person whose name and residential address appear in column 1 of the schedule hereto assume the surname mentioned in column 2 of the schedule opposite his or her name in column 1. SCHEDULE Surname Name (s) Residential Address Surname Julius Rosaria Rebbeka Omupindi, Oshaango Shikodi Uirab Bonifatius Engelhard Erf 436 Kamueb Street, Walvis Bay Streidwolf Mwahungilandje Alina Ndungula Onayena, Oshana Region Ndungula Ananias Fillemon Nuumbundu Nau-Aib, Okahandja Munalye Goagoseb Edwin Erik 54 Prominaden, Eros, Windhoek Daweti Paulus Isak Omuthitu, Gwa Amalwa Hango Fillemon Abraham Shikongo Omulyambambi Street, Okuryangava Kiiyala Andjele Josephat Shaumbwako Okafakoushongo Ngaali Kayoo Lukas Veio Erf 2340, Oshana East Paulus Josef Vilho Elizabeth Nepembe Juvenile Centre, Rundu Gabriel Imanuel Martha Omuhongo, Epembe Kambala Jonas Ndahambelela Okongo, Ohangwena Region Shilongo Petrus Laban Erf 3060 Omuvapu Street, Freedom Land, Windhoek Haitembu Amukwa Kristofina Tamukondjo Erf 1243, Keetmanshoop Erasmus Kaapanda Esther 14 Zenobia Street, Ludwigsdorf, Windhoek Kaapanda-Fangda

No. 4679 Government Gazette 1 April 2011 7 Naobeb Albert Wilson Erf 1081 City Street, Wanaheda Kamuvaka Nases Justina 111 Etoshapoort, Outjo Hoeses

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General Notices No. 62 2011 INTERIM VALUATION OF RATEABLE AND NON-RATEABLE PROPERTIES SITUATED WITHIN THE LOCAL AUTHORITY AREA OF RUNDU Notice is hereby given in terms of the provisions of section 66(1) of the Local Authorities Act, 1992 (Act No. 23 of 1992), as amended, that an Interim Valuation of rateable and non-rateable properties situated within the Local Authority Area of Rundu shall be undertaken with effect from 01 April 2011. H.W. LEVI CHAIRPERSON RUNDU TOWN COUNCIL

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No. 63 2011 SWAKOPMUND TOWN PLANNING AMENDMENT SCHEME NO. 44 Notice is hereby given in terms of Section 23 of the Town Planning Ordinance 1954, (Ordinance 18 of 1954), as amended, that the Swakopmund Town Planning Amendment Scheme No. 44, has been submitted to the Minister of Regional and Local Government, Housing and Rural Development for approval. Copies of the Swakopmund Town Planning Amendment Scheme No. 44 and the maps, plans, documents and other relevant matters are lying for inspection during office hours at the Municipality of Swakopmund and also at the Namibia Planning Advisory Board (NAMPAB), Ministry of Regional and Local Government, Housing and Rural Development, 2nd Floor, Room 234, GRN Office Park, Windhoek. Any person who wishes to object to the approval of Swakopmund Town Planning Amendment Scheme No. 44, should lodge objections in writing to the Secretary, Namibia Planning Advisory Board (NAMPAB), Private Bag 13289, Windhoek on or before 02 May 2011.

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No. 64 2011 SWAKOPMUND TOWN PLANNING AMENDMENT SCHEME NO. 45 Notice is hereby given in terms of Section 23 of the Town Planning Ordinance 1954, (Ordinance 18 of 1954), as amended, that the Swakopmund Town Planning Amendment Scheme No. 45, has been submitted to the Minister of Regional and Local Government, Housing and Rural Development for approval. Copies of the Swakopmund Town Planning Amendment Scheme No. 45 and the maps, plans, documents and other relevant matters are lying for inspection during office hours at the Municipality of Swakopmund and also at the Namibia Planning Advisory Board (NAMPAB), Ministry of Regional and Local Government, Housing and Rural Development, 2nd Floor, Room 234, GRN Office Park, Windhoek.

8 Government Gazette 1 April 2011 No. 4679 Any person who wishes to object to the approval of Swakopmund Town Planning Amendment Scheme No. 45, should lodge objections in writing to the Secretary, Namibia Planning Advisory Board (NAMPAB), Private Bag 13289, Windhoek on or before 02 May 2011.

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No. 65 2011 SWAKOPMUND TOWN PLANNING AMENDMENT SCHEME NO. 46 Notice is hereby given in terms of Section 23 of the Town Planning Ordinance 1954, (Ordinance 18 of 1954), as amended, that the Swakopmund Town Planning Amendment Scheme No. 46, has been submitted to the Minister of Regional and Local Government, Housing and Rural Development for approval. Copies of the Swakopmund Town Planning Amendment Scheme No. 46 and the maps, plans, documents and other relevant matters are lying for inspection during office hours at the Municipality of Swakopmund and also at the Namibia Planning Advisory Board (NAMPAB), Ministry of Regional and Local Government, Housing and Rural Development, 2nd Floor, Room 234, GRN Office Park, Windhoek. Any person who wishes to object to the approval of Swakopmund Town Planning Amendment Scheme No. 46, should lodge objections in writing to the Secretary, Namibia Planning Advisory Board (NAMPAB), Private Bag 13289, Windhoek on or before 02 May 2011.

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No. 66 2011 OUTAPI TOWN PLANNING AMENDMENT SCHEME NO. 2 Notice is hereby given in terms of Section 23 of the Town Planning Ordinance 1954, (Ordinance 18 of 1954), as amended, that the Outapi Town Planning Amendment Scheme No. 2, has been submitted to the Minister of Regional and Local Government, Housing and Rural Development for approval. Copies of the Outapi Town Planning Amendment Scheme No. 2 and the maps, plans, documents and other relevant matters are lying for inspection during office hours at the Outapi Town Council and also at the Namibia Planning Advisory Board (NAMPAB), Ministry of Regional and Local Government, Housing and Rural Development, 2nd Floor, Room 234, GRN Office Park, Windhoek. Any person who wishes to object to the approval of Outapi Town Planning Amendment Scheme No. 2, should lodge objections in writing to the Secretary, Namibia Planning Advisory Board (NAMPAB), Private Bag 13289, Windhoek on or before 02 May 2011.

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MINISTRY OF TRADE AND INDUSTRY No. 67 2011 PUBLIC NOTICE ON BUSINESS REGISTRATION The Ministry of Trade and Industry hereby informs the general public especially the business fraternity and parties who regularly engage in the registration of companies that the Companies Act, 1973 (Act No. 61 of 1973), as amended has been repealed and replaced by the Companies Act, 2004 (Act No. 28 of 2004), as amended by Companies Act, 2007 (Act No. 9 of 2007) mutatis mutandis. The new companies law came into effect on 1 November 2010.

No. 4679 Government Gazette 1 April 2011 9 The Act provides for the use of new company registration forms as well as a new fee structure. In order to increase the ease of registration a company especially in respect of SMEs, the company registration forms are available and can be obtained, free of charge, at the Ministry’s Companies Registration Office and Regional Offices. These are CM5 (reservation of name), CM8 (defensive name), CM8A (renewal of defensive name) and CM23 (annual duty) to accommodate SMEs. The Ministry will increase the availability and through the Regional Councils Offices and NCCI regional branch offices. On a separate note, the public is also informed that the fees and registration procedures for Close Corporations (CC) remain the same. In the same effort towards reducing the time and cost of registering close corporation businesses, the registration forms for these category of businesses, namely (CC1, CC2 and CC8) are also now available and obtainable, free of charge, at the Ministry’s Companies Registration Office and Regional Offices as well as NCCI regional branch offices, Offices of Regional Governors and Local Authority Offices as from 1st April 2011. THE REGISTRAR OF COMPANIES

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CITY OF WINDHOEK No. 68 2011 PERMANENT CLOSING OF PORTION A OF ERF 6279 NIKANOR SHIKWAMBI STREET KATUTURA AS PUBLIC OPEN SPACE, (THE PORTION IS APPROXIMATELY 85M2 IN EXTENT, ADJACENT TO ERF 5753 KATUTURA AND WILL BE SOLD TO THE OWNER OF ERF 5753 KATUTURA FOR CONSOLIDATION PURPOSE) Notice is hereby given in terms of article 50(1)(a)(ii) of the Local Authorities Act, 1992 (Act No. 23 of 1992) that the City of Windhoek proposes to close permanent the undermentioned portion as indicated on locality plan, which lies for inspection during office hours at the office of Urban Policy, Room 519, Municipal Offices, Independence Avenue. PERMANENT CLOSING OF PORTION A OF THE REMAINDER OF ERF 6279 NIKANOR SHIKWAMBI STREET KATUTURA AS PUBLIC OPEN SPACE, (THE PORTION IS APPROXIMATELY 85 M2 IN EXTENT, ADJACENT TO ERF 5753 KATUTURA AND WILL BE SOLD TO THE OWNER OF ERF 5753 KATUTURA FOR CONSOLIDATION PURPOSE) Objections to the proposed closing are to be served on the Secretary: Townships Board, Private Bag 13289, and the Chief Executive Officer, P.O. Box 59, Windhoek, within 14 days after the appearance of this notice in accordance with Article 50(1)(C) of the above Act. B. MUTRIFA URBAN PLANNER

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MUNICIPALITY OF KARASBURG No. 69 2011 ELECTRICITY TARIFFS 2010/11 Amend electricity tariffs in accordance with section 30(1)(u) of the Local Authorities Act, 1992 (Act No. 23 of 1992). The amendment is with effect from 01 July 2010.

10 Government Gazette 1 April 2011 No. 4679 DOMESTIC USERS - PRE-PAID VAT Previous Rate % Increase Energy charge N$/kWh 1.47321 1.2699 16% LB levy N$/kWh 0.0060 0.0060 0% DOMESTIC USERS-CONVENTIONAL VAT Previous Rate % Increase Basic Service Fee Per month 73.65 73.65 0% Usage Per kWh 1.2917 1.1135 16% ECB Levy Per kWh 0.0060 0.0060 0% DOMESTIC CUSTOMERS - Time of Use Rate Peak Time Standard Time Off-peak Time Energy Charge N$/kWh - Low Season 1.2917 1.1625 1.0462 Energy Charge N$/kWh - High Season 2.1902 1.1625 1.0462 Basic Charge N$/ Month 147.30 ECB Levy N$/kWh 0.0060 BUSINESS - SINGLE PHASE (UP to 60 Amps) STANDARD RATE Exclusive Inclusive Previous % Increase Basic Service Fee Per month 226.60 260.59 260.59 0% Usage Per kWh 1.2917 1.4855 1.2805 16% ECB Levy Per kWh No Vat 0.0060 0.0060 0% BUSINESS SINGLE PHASE (UP to 60 Amps) TIME OF USE Peak Time Standard Time Off-peak Time Energy Charge N$/kWh - Low Season 1.2917 1.1625 1.0462 Energy Charge N$/kWh - High Season 2.1902 1.1625 1.0462 Basic Charge N$/ Month 453.20 ECB Levy N$/kWh 0.0060 BUSINESS - THREE PHASE (Up to 3 X 60 Amps) STANDARD RATE Exclusive Inclusive Previous % Increase Basic Service Fee Per month 849.75 977.21 977.21 0% Usage Per kWh 1.2917 1.4855 1.2805 16% ECB Levy Per kWh No Vat 0.0060 0.0060 0% BUSINESS - THREE PHASE (UP to 3 X 60 Amps) TIME OF USE RATE Peak Time Standard Time Off-peak Time Energy Charge N$/kWh - Low Season 1.2917 1.1625 1.0462 Energy Charge N$/kWh - High Season 2.1902 1.1625 1.0462 Basic Charge N$/ Month 1.274.63 ECB Levy N$/kWh 0.0060 LARGE POWER USER Time of Use (low Season) Excluding Including Basic Service Fee Per month 1793.48 2062.50 Usage Peak Per kWh 1.1963 1.3757 Usage Standard Per kWh 1.0767 1.2382

No. 4679 Government Gazette 1 April 2011 11 Usage Off-Peak Per kWh 0.9690 1.1144 Demand Charge Per kVA 52.47 60.34 Network Access Per kVA 45.76 52.62 ECB Levy Per kWh No Vat 0.0006 LARGE POWER USER Time ofUse (High Season) Excluding Including Basic Service Fee Per month 1793.48 2062.50 Usage Peak Per kWh 2.0902 2.4037 Usage Standard Per kWh 1.0767 1.2382 Usage Off-Peak Per kWh 0.9690 1.1144 Demand Charge Per kVA 52.47 60.34 Network Access Per kVA 45.76 52.62 ECB Levy Per kWh No Vat 0.0006 LOCAL AUTHORITY CUSTOMERS - STANDARD RATE Exclusive Inclusive Inclusive % Increase Usage Per kWh 1.1433 1.3148 1.15223 14% ECB Levy Per kWh No Vat 0.0060 0.0060 0% Other Charges Excluding Including Previous % Increase Reconnection 103.42 118.93 104.24 14% Domestic Connection Cost+15% Cost+15% 192.62 N/A Business Connection Cost+15% Cost+15% 385.25 N/A Tampering 2585.51 2973.33 2605.90 14% Rd Cheque 193.91 223.00 195.44 14% Meter Testing Cost+15% Cost+15% 1811.71 N/A From Conventional to Prepaid 191.12 219.79 192.62 14% Flat rate to TOU 1750.00 2012.50 N/A N/A • It is also further noted that the TOU (time of use) Tariff implementation for domestic business users is postponed for another two (2) years, and • That the TOU for LPU (large power users) such as the hospital be implemented with effect from 1 July 2010. • Although TOU for Domestic and residential users will only come into effect two (2) years from now, households and businesses that want to implement the TOU earlier are free to contact SELC0 and apply for TOU tariff billing. BY ORDER OF THE COUNCIL M. MUMBALA CHAIRPERSON

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12 Government Gazette 1 April 2011 No. 4679 NAMIBIAN COMPETITION COMMISSION No. 70 2011 NOTICE OF DETERMINATION MADE BY COMMISSION IN RELATION TO PROPOSED MERGER Competition Act, 2003 (Act No. 2 of 2003) (Section 47(7), Rule 30) MASSMART HOLDINGS LIMITED // WAL-MART INCORPORATED CASE NO.: 2010OCT0052MER

1. The Commission has received notification of the abovementioned proposed merger on the 26th November 2010.
2. Please note that the Commission has approved the proposed merger with conditions.
3. The conditional approval of the proposed merger is subject to the conditions listed below: • the merger should allow for local participation in accordance with section 2(f) of the Competition Act, 2003, in order to promote a greater spread of ownership, in particular to increase ownership stakes of historically disadvantaged persons. • there should be no employment loses as a result of the merger. • the merger should not create harmful effects on competition that may give rise to risk of market becoming foreclosed to competitors, especially SMEs. • that this being a retail business transaction, the approval of the Minister of Trade and Industry is required in terms of Section 3(4) of the Foreign Investment Act, 1990 (Act No. 27 of 1990).
4. The reasons for the conditional approval of the proposed merger are as follows: • Commission has regards to the purpose of the Competition Act, 2003, and would like to encourage for the attainment of the objectives of the Act, especially, to give effect to section 2(f) of the Act. • In most instances, mergers results in some workers losing their jobs. Commission encourages that retrenchments relating to this transaction be minimized so as not exacerbate the already unacceptable unemployment situation in the country. • The merger should not affect negatively the ability of small undertakings in Namibia to compete in the local market, nor should it lead to foreclosure of these undertakings.
5. The Commission has the authority in terms of section 48(i) of the Act to revoke a decision approving the implementation of a proposed merger if - (a) the decision was based on materially incorrect or misleading information far which a party to the merger is responsible; or (b) any condition attached to the approval of the merger that is material to the implementation is not complied with.

No. 4679 Government Gazette 1 April 2011 13 L. Murorua Chairperson: Namibian Competition Commission 9 February 2011

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No. 71 2011 PERMANENT CLOSURE OF PORTION A OF ERF 340, OSHIKANGO AS A PUBLIC OPEN SPACE (PORTION A MEASURES ± 13.60 HA IN EXTENT) THE PORTION WILL BE USED FOR THE FORMALISATION OF THE EXISTING BUSINESS INFRASTRUCTURE INTO A NEW TOWNSHIP FOR THE TOWN OF OSHIKANGO. Notice is hereby given in terms of article 50(1)(a)(ii) of the Local Authorities Act, 1992 (Act No. 23 of 1992) that the Helao Nafidi Town Council proposes to close permanent the undermentioned erf as indicated on locality plan, which lies for inspection during office hours at the office of the Division: Infrastructure, Town Planning, Technical Services Municipal Offices, Helao Nafidi. PERMANENT CLOSURE OF PORTION A OF ERF 340, OSHIKANGO AS A PUBLIC OPEN SPACE (PORTION A MEASURES ± 13.60 HA IN EXTENT) THE PORTION WILL BE USED FOR THE FORMALISATION OF THE EXISTING BUSINESS INFRASTRUCTURE INTO A NEW TOWNSHIP FOR THE TOWN OF OSHIKANGO. Objections to the proposed closing are to be served on the Secretary: Townships Board, Private Bag 13289, and the Acting Chief Executive Officer, Private Bag 503, Ohangwena, within 14 days after the appearance of this notice in accordance with Article 50 (1) (C) of the above Act. M Sheelongo Acting Chief Executive Officer Helao Nafidi Town Council Private Bag 503 OHANGWENA Fax: 065-260032

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BANK OF NAMIBIA No. 72 2011 Statement of Assets and Liabilities As at close of business on 28 February 2011 28-02-11 31-01-11 N$ N$ ASSETS External: Rand Cash 80 053 212 162 361 654 IMF - SDR Holdings 1 434 213 702 1 437 858 807 Investments - Rand Currency 5 383 738 236 5 989 444 463

• Other Currency 3 794 076 020 3 805 309 975
• Interest Accrued 23 283 924 18 970 232

14 Government Gazette 1 April 2011 No. 4679 Domestic: Currency Inventory Account 70 495 955 71 117 522 Loans and Advances: Other 32 595 804 32 632 958 Fixed Assets 201 618 737 202 435 342 Other Assets 67 114 113 217 907 580 11 087 189 703 11 938 038 533 LIABILITIES Share capital 40 000 000 40 000 000 General Reserve 698 378 992 698 378 992 Revaluation Reserve 271 722 884 288 140 950 Building Reserve 100 000 000 100 000 000 Currency in Circulation 1 793 609 994 1 777 841 848 Deposits: Government 4 050 612 070 4 592 622 405 Bankers - Reserve 460 199 276 461 796 268 Bankers - Current 501 681 000 607 749 054 Other 1 521 702 954 1 720 713 335 IMF - SDR Allocation 1 434 004 395 1 437 648 975 Other Liabilities 215 278 138 213 146 706 11 087 189 703 11 938 038 533 I.W. Shiimi E. Tjipuka GOVERNOR CHIEF FINANCIAL OFFICER

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