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A COMPANY leasing part of the Von Bach Dam area near Okahandja from Namibia Wildlife Resorts for a 50-year period is now claiming it will lose more than N$200 million because of a concession agreement between the government and two waterski clubs at the dam.
In a case filed at the Windhoek High Court on Friday, the company Tungeni Africa Investments is asking the court to order that concession rights agreed to by the government and two waterski clubs at Von Bach Dam may not overlap or encroach on the area at the dam that the company is leasing from the state-owned Namibia Wildlife Resorts (NWR).
If the court does not make that order, it should declare that Tungeni Africa Investments is a rights holder for the purposes of an agreement concluded between the government and two ski clubs – the Namibia Water Ski Club and the Von Bach Water Ski Club – in April this year, or order the government and the two clubs to pay N$201,8 million in compensation to the company, Tungeni is also claiming.
The company is alleging that the area that the government is allowing the two ski clubs to use for a 20-year period ending in December 2041 “overlaps with and encroaches” on the area that Tungeni is leasing from NWR, and that the government did not have the jurisdiction to allow the two clubs to use an area under the control of NWR.
According to Tungeni, it has lost N$26,2 million in business income from 2013 until now, because the area the ski clubs are allowed to use reduces the area available to the company for use by 30,5 hectares.
The company is claiming it will also suffer a future loss of income amounting to N$175,5 million.
For its past and future losses, the government and the two ski clubs are liable to pay Tungeni N$201,8 million, the company’s lawyer, Francois Bangamwabo, claims in a document filed at the court.
In the document, it is stated that in terms of an agreement signed by Tungeni’s managing director Iyaloo ya Nangolo and NWR’s then managing director Tobie Aupindi in July 2008, NWR leased 470ha at Von Bach Dam to Tungeni for a period of 50 years.
In the lease agreement, it is stated that it is expected of Tungeni to invest at least N$450 million in tourism facilities at the dam.
Tungeni agreed to pay a “signing fee” of N$3 million to NWR and to pay monthly rental of N$10 000, escalating by 10% annually, as well as 10% of its gross monthly turnover to the tourism parastatal.
Bangamwabo states in the claim filed at the court that the two ski clubs had been involved in litigation against the government from April 2009 until their legal dispute was settled through an agreement that the minister of environment, forestry and tourism, Pohamba Shifeta, signed in April this year.
The litigation between the two clubs and the government was concluded when that agreement was made a court order in the Windhoek High Court on 7 April.
In terms of the agreement, the two clubs have been granted a 20-year concession to use an area at Von Bach Dam for water sport activities.
The two clubs agreed to pay an annual concession fee of N$1 million, which increases by the inflation rate plus 2% each year, to the government.
Tungeni is suing the two ski clubs, the government, represented by the minister of environment, forestry and tourism, and also the minister of works and transport and NWR, as interested parties.
The defendants have been given 21 days to indicate if they intend to oppose the claim against them.
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