Court bans Droombos from hosting functions
Droombos, the luxury accommodation and entertainment estate east of Windhoek, has been banned from serving as a venue for hosting events and functions through a court order delivered last Friday.
This comes after the City of Windhoek dragged Droombos to court, saying the facility only has permission and approval to operate as a guest house and conference centre.
Droombos argued that the consent use should be interpreted as including the right to host functions and events.
"The consent use granted to [Droombos] is limited to the guest house and conference facilities. This does not include holding functions. [Droombos’] interpretation of the consent use that it includes functions is incorrect," reads High Court judge Nate Ndauendapo's ruling in the matter.
Droombos’ owners said they are currently studying the judgment to determine the next course of action.
"Droombos' legal team is currently working through the judgment to decide on the right step forward to protect our rights in this matter. Droombos has permission to operate conference facilities, and, to our knowledge, there is no conference venue in Namibia that is not allowed to host functions," said Kallie van der Merwe.
Droombos did not respond to questions regarding how they intend to proceed with events and functions that have already been booked.
Approval
Already in August 2012, the City granted the consent use to the previous owners of Droombos. At the time, the application was for a guest house with 10 rooms that included conference facilities.
The application was apparently granted on the basis of a number of conditions. In December 2017, Droombos was sold to new owners.
The City argued in its application that in March 2019 it addressed a letter to Droombos stating that the building work on the premises was being carried out without approved building permits.
"The respondent carried out construction activities on the property for the purposes of his current business, which construction activities were outside the scope of the existing building permits and plans," the City's court documents state.
The issue regarding the consent use began in October 2019 when the City reportedly informed Droombos that the holding of functions was not in line with the approval issued for the use of the premises.
"No approval was given to the respondents to operate two large venue halls, an entertainment area, a restaurant or a venue."
Definitions
In April 2023, the City issued a notice ordering Droombos to cease all unauthorised land use.
Droombos argued that there is no definition for conference facilities included in the City of Windhoek's scheme or consent use.
"In the absence of a definition of 'conference' and what it entails, the respondent [Droombos]'s version must be accepted," argued Droombos' legal team.
"Taking into account the essential provisions of the application to operate a guest house and conference facilities, together with the provisions of the consent use that was issued, the respondent was only entitled to operate a guest house and conference facilities," reads the judgment.
The court order prohibits Droombos and any other person acting on behalf of Droombos to operate an event or entertainment venue and/or social or town hall and all related activities in violation of the conditions of the consent use.
Ndauendapo also ordered that Droombos pay the City of Windhoek's legal costs.
Noise levels
However, there was also a section of the City's application that failed. Apart from the request for an interdict against the operation of a venue, they requested the court to prohibit Droombos from making noise above a certain number of decibels.
The City had wanted to limit Droombos so that sound should not exceed 55 dB during the day and 45 dB in the evening. This request was rejected.
"In the absence of any legislative provision that provides for a specific sound level for a specific time, at a specific place, and within a specific zone, the reference to 55 dB and 45 dB is arbitrary and has no legislative or factual basis," Friday's ruling stated.
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This comes after the City of Windhoek dragged Droombos to court, saying the facility only has permission and approval to operate as a guest house and conference centre.
Droombos argued that the consent use should be interpreted as including the right to host functions and events.
"The consent use granted to [Droombos] is limited to the guest house and conference facilities. This does not include holding functions. [Droombos’] interpretation of the consent use that it includes functions is incorrect," reads High Court judge Nate Ndauendapo's ruling in the matter.
Droombos’ owners said they are currently studying the judgment to determine the next course of action.
"Droombos' legal team is currently working through the judgment to decide on the right step forward to protect our rights in this matter. Droombos has permission to operate conference facilities, and, to our knowledge, there is no conference venue in Namibia that is not allowed to host functions," said Kallie van der Merwe.
Droombos did not respond to questions regarding how they intend to proceed with events and functions that have already been booked.
Approval
Already in August 2012, the City granted the consent use to the previous owners of Droombos. At the time, the application was for a guest house with 10 rooms that included conference facilities.
The application was apparently granted on the basis of a number of conditions. In December 2017, Droombos was sold to new owners.
The City argued in its application that in March 2019 it addressed a letter to Droombos stating that the building work on the premises was being carried out without approved building permits.
"The respondent carried out construction activities on the property for the purposes of his current business, which construction activities were outside the scope of the existing building permits and plans," the City's court documents state.
The issue regarding the consent use began in October 2019 when the City reportedly informed Droombos that the holding of functions was not in line with the approval issued for the use of the premises.
"No approval was given to the respondents to operate two large venue halls, an entertainment area, a restaurant or a venue."
Definitions
In April 2023, the City issued a notice ordering Droombos to cease all unauthorised land use.
Droombos argued that there is no definition for conference facilities included in the City of Windhoek's scheme or consent use.
"In the absence of a definition of 'conference' and what it entails, the respondent [Droombos]'s version must be accepted," argued Droombos' legal team.
"Taking into account the essential provisions of the application to operate a guest house and conference facilities, together with the provisions of the consent use that was issued, the respondent was only entitled to operate a guest house and conference facilities," reads the judgment.
The court order prohibits Droombos and any other person acting on behalf of Droombos to operate an event or entertainment venue and/or social or town hall and all related activities in violation of the conditions of the consent use.
Ndauendapo also ordered that Droombos pay the City of Windhoek's legal costs.
Noise levels
However, there was also a section of the City's application that failed. Apart from the request for an interdict against the operation of a venue, they requested the court to prohibit Droombos from making noise above a certain number of decibels.
The City had wanted to limit Droombos so that sound should not exceed 55 dB during the day and 45 dB in the evening. This request was rejected.
"In the absence of any legislative provision that provides for a specific sound level for a specific time, at a specific place, and within a specific zone, the reference to 55 dB and 45 dB is arbitrary and has no legislative or factual basis," Friday's ruling stated.
– [email protected]
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