• Justice

Wanderers, CoW settle in valuation case

• 1 Month Ago - 2024-11-15 08:59:00

A protracted court dispute between Wanderers Sports Club and the City of Windhoek (CoW) finally ended this week with the signing of a settlement agreement.
Wanderers took the municipality to court in 2020 after their erf in Pionierspark was valued at N$8.1 million in 2017 and later - despite an application to the valuation court by Wanderers challenging this amount - on the erf's reflected municipal account. Wanderers was consequently assessed monthly according to this amount.
Wanderers argued that the valuation amount was incorrect as the zoning was clearly wrong and it did not take into account that only 40% of the plot could be used due to stormwater infrastructure on the premises.
"Wanderers has been harmed by the actions of the valuation courts and other respondents which led to an incorrect valuation on Erf 1240 and rates are calculated and charged per and based on the incorrect valuation amount," club president Danie van der Merwe in its statement submitted to the High Court in Windhoek in August 2020.
According to court documents, an interim hearing took place in the valuation court.
This court heard Wanderers' objection on 24 June this year and found that it must succeed.
They determined that the plot is 29,012 m², but only 7,840 m² is usable. The usable portion is valued at N$190 per square meter, which amounts to a total of N$1.49 million.
The value of the part that cannot be used - and covers around 21,172 m² - is zero as it is affected by stormwater and is used for municipal services.
In terms of the settlement agreement signed on Wednesday, both parties have agreed to work according to the valuation amount from the valuation court and the municipality will amend Wanderers' account and charges accordingly.
"The first respondent [CoW] will apply the new valuation on the valuation roll in the levying of municipal rates against Erf 1240 from 1 September 2018 within 30 days from the date on which the settlement agreement was made an order of the court," reads the agreement.
It was also agreed that CoW would pay about N$85 000 of Wanderers' legal costs.
The chairman of Wanderers, Henrico du Plessis, did not want to comment yesterday on inquiries about the financial state of the club's municipal accounts and whether they are up to date or not. – [email protected]