THE Namibian Competition Commission (NaCC) board has launched an investigation against tourism company Ultimate Safaris (Pvt) Ltd and three conservancies in the Khorixas area of the Kunene region for anti-competition activities.
In a letter dated 12 March and signed by NaCC chief executive and secretary to the board Vitalis Ndalikokule, the NaCC informs Ultimate Safaris managing director Tristan Cowley that it had resolved to initiate an investigation against the Doro !Nawas, Sorris Sorris and Twyfelfonyein conservancies and Ultimate Safaris (respondents) in terms of the Competition Act.
A similar letter, signed by acting chief executive and secretary to the commission Johannes Ashipala, was sent to Timoteus Mashuna, who is the complainant in the matter.
The matter stems from the fact that on 18 December 2024, the commission issued a cautionary notice to the three conservancies and Ultimate Safaris for engaging in conduct that infringed the Competition Act.
The commission instructed the respondents to stop the conduct within 30 days but they defied the directive and sought the intervention of the Ministry of Environment and Tourism. After 12 months of engagement, the commission concluded that the respondents had defied its cautionary notice and resolved to initiate an investigation.
Mashuna, who has mining claims at Goantagab Mine in the Sorris Sorris conservancy under the Dâure Daman Traditional Authority, complained to the NaCC that Ultimate Safaris and the three conservancies were engaging in anti-competition conduct.
The respondents, who have formed a joint management area (JMA) cutting across part of the three conservancies, are strongly opposed to Mashuna reopening the Goantagab Mine, which is within the JMA.
Mashuna has the support of part of the Dâure Daman community, including the traditional authority, which hopes the reopening of the tin mine would create jobs for the poverty-stricken people. Mashuna has promised to create more than 150 jobs for the community.
The proponents of the JMA claim the reopening of Goantagab Mine would drive away the black rhino, on which their tourism business is based, and this can lead to its collapse. The sector reportedly employs less than 50 local people.
The case of reopening the mine is subject to court proceedings.
According to the NaCC, the agreements establishing the JMA grant Ultimate Safaris exclusive rights to establish tourism fa
cilities over a large area encompassing three conservancies.
“It is further alleged that these agreements (for the JMA) may prevent other operators from setting up camps or lodges
ear the Brandberg area, thereby limiting competition,” the commission writes.
It highlights some provisions in the JMA that give Ultimate Safaris exclusive rights.
“In the Camp Onduli joint venture agreement, Clause 3.3.1.2 provides that the conservancy shall ‘reject other operators and/or private individuals from building and operating tourism facilities or conducting tourism activities within the campsite area and exclusive area’.”
Other anti-competition clauses are sited in agreements for the Camp Doros joint venture and Doros Luxury Lodge.
In 2024, the three conservancies applied to the Kunene Communal Land Board for a leasehold over the JMA covering 27 867 hectares of land for a period of 99 years. These would give exclusive rights to the tour operator.
The land board rejected the application on the grounds that the area was too large and the lease period too long to benefit one operator. – email: matthew@namibian.com.na
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