Former president Sam Nujoma, his son Utoni and their neighbours, the Henle family, say the Droombos guest house and events venue is giving them sleepless nights amid persistent noise pollution emanating from the conference venue.
The venue is adjacent to the residence of three families, as wells as the first couple – the Geingobs – on the east of Windhoek in the Klein Windhoek farmlands.
The venue is owned by Hallie Investment Number Five Hundred and Eighty-Two CC, a subsidiary of the Safland Property Group and run by Meghan van der Merwe – a daughter of Safland founder Kallie van der Merwe.
The complaining families have been living in the area for over 20 years, and claim the event venue hosts noisy functions daily, and the noise persists until the early morning hours.
On several occasions, the three families called the Windhoek City Police to call the management of Droombos – Afrikaans for “Dream Bush” – to order.
In messages sent to the Windhoek City Council’s legal department, seen by The Namibian, Marianne Nujoma reported Droombos to the city police on two consecutive days last week.
She said as soon as the police left, the noise continued until the morning hours.
“We also have our dear old people here, who are sometimes sick and need a rest,” she said.
She wants to know how the Windhoek City Council intends to solve the problem because it has been going for nearly three years.
REMEDY ELUSIVE
A petition the three families wrote to the city’s chief executive officer in 2021 claims they had brought the issues to the attention of Namibian Police chief Sebastian Ndeitunga, the former Khomas regional commander Ismael Basson, as well the retired city police chief Abraham Kanime.
“All our efforts to seek remedy to the problem proved futile,” reads the petition.
In 2019, Utoni Nujoma objected to the zoning of Droombos from undetermined to a hospitality venue.
In a follow-up petition given to the city council on 25 April, the three neighbours also claim they were never consulted, nor have they given consent for the Droombos development.
“I am objecting because of the unbearable noise pollution emanating from that institution,” reads minister Nujoma’s reason for the objection in consent documents seen by The Namibian.
Since 2019, the Windhoek city council’s legal division has also been attempting to get the noise down.
In a letter to the company dated 5 December 2019, the municipality called on Droombos to cease all functions and events due to non-adherence.
At the time, the city council also withdrew the consent for the establishment of a guest house and conference facility.
“You are to cease all activities on the premises with immediate effect. The consent as resolution 275/08/2012 is hereby cancelled with immediate effect,” reads the withdrawal letter.
City spokesperson Harold Akwenye claimed that Droombos’ operations are illegal.
“The current activities – accommodation establishment, conference facilities and places of amusement or social hall activities such as events and functions affected on the aforesaid property are inconsistent with the High Court order, the Windhoek Zoning Scheme as well as the Urban and Regional Planning Act,” said Akwenye.
On 14 April, the Windhoek city council gave Droombos 28 days to cease its operations.
Akwenye said the council will institute further legal action.
“They should know that the town planning scheme and Urban and Regional Planning Act 5 of 2018 were promulgated to promote the harmonious and orderly development of urban areas. Hence, unauthorised and illegal activities are not allowed,” said Akwenye.
Van der Merwe denied the claims of noise pollution and the illegality of their business activities.
“That is not true. It is false information. I can ask our lawyers to contact you and give you the true information. We are allowed to go on with business. There is no restriction and every single time when the police arrive we have switched off the music,” she said.
‘UNWARRANTED THREATS’
Droombos lawyer Karin Klazen added that her client has on a number of occasions sought a meeting with the Henle family to discuss and resolve possible differences of opinion.
“Unfortunately, they were never willing to meet,” she said without explaining why the same has not been done with the Nujomas.
Klazen further explained that her client has for years been the subject of unwarranted threats and unfair action and decisions by the city council.
She said these threats were declared invalid by the High Court in a judgement delivered on 3 April.
“There is nothing in the judgement which states that the business activities of Droombos are contrary to the consent use granted in respect of the property – this is a claim which the city continues to make (despite the court order in favour of Droombos) and with which our client disagrees,” she said.
According to Klazen, the court was not prepared to express itself on which activities Droombos may conduct and which ones it may not.
Klazen referred to the judgement that said “it is common cause that the consent use allows Droombos to operate a guest house and conference facilities establishment on its property”.
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