Battle heats up over “non-existent” Rössmund Golf Estate

It is no golf estate – it is an ordinary suburb of Swakopmund that happens to be situated next to a golf course – resident

The Rössmund suburb of Swakopmund has allegedly been misrepresented as a golf estate to prospective buyers. Furthermore, each of the home owners has notarial bonds against their title deeds in favour of a Section 21 Company which never existed. A Section 21 Company number not related to the registration has allegedly been fraudulently used for the registration purposes at the Deeds Office.
These are some possible damaging pieces of evidence against developer Wim van der Plas and coastal attorneys Danie Malherbe and Gerhard van der Merwe, after criminal charges of fraud and theft under false pretense were laid against the trio in August this year at the Swakopmund Police (CR 58/08/- 2016).
Angry residents first noticed all is not well when they questioned half of their levies paid to the Rössmund Golf Club. Upon closer inspection they discovered to their astonishment they never bought into a golf estate, but merely purchased a plot in the Rössmund suburb, which happens to be situated next to a golf club.
Then further shocking discoveries: The notarial bonds registered against their Title Deeds were for a Section 21 Company that does not exist. A fraudulent Section 21 Company number was allegedly utilised. Then it was also discovered the Rössmund Golf Estate Home Owners Association to which they pay levies has no standing, by virtue of the fraudulent Section 21 Company number.
A complaint was lodged with the Anti Corruption Commission of Namibia against van der Plas, Malherbe and van der Merwe. The Commission after investigation recommended criminal charges be laid against the trio.
In the meantime, the Rössmund Golf Estate Home Owners Association lodged an application in the Swakopmund magistrates court yesterday, for the rectification of these Notarial Deeds against this non-existent Section 21 Company.
Nine Rössmund home owners oppose this application on the grounds the magistrates court has no jurisdiction over such matter and that any application involving the Deeds Office can only be launched in the High Court of Namibia. The matter was postponed yesterday morning indefinitely for the presiding magistrate to consider the arguments whether the magistrates court has jurisdiction over the matter.
∙ The Rössmund Golf Estate has never been a bona fide golf estate development they now claim, but was merely an ordinary suburb of Swakopmund that happens to be situated next to a golf course. When Rössmund suburb was marketed for sale some years ago, the impression was created this is part of the Rössmund Golf Course and part of the larger golf estate.
Only after they purchased property did residents discover they never bought into any golf estate development. They then questioned why they should subject themselves to a Rössmund Golf Estate Home Owners Association which not only places architectural and coverage restrictions on the housing development, but which demands levies and a string of other rules imposed on residents.
Home owners, who organised themselves into a resistance are paying municipal rates and taxes and also have separate electricity accounts at Erongo RED, enforcing their claim they are living in an ordinary suburb of Swakopmund and no golf estate subjected to any form home owners association.
Documents in the possession of namib times confirm the discontent home owners have instructed their legal representation by mid-July already this year to lay criminal charges against van der Plas, Malherbe and van der Merwe at the soonest opportune time. The home owners in question’s legal representative Advocate Richard Metcalfe could not be reached for comment yesterday, to provide more details as regard to the criminal charges against van der Plas, Malherbe & van der Merwe.

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