Tradeport 'wants to avoid competition'

"Despite the parties&#039; cordial and successful business relationship over the years, [Tradeport Namibia Investments] now appears determined to avoid competition at the port of Lüderitz by any means."This is what the chief executive of port operations for the Namibian Port Authority (Namport), Richard Mutonga Ibwima, said about an urgent application Tradeport filed in court.Tradeport claims that on 16 January, Namport removed around 80 of its cargo containers from a site at the port of Lüderitz without its permission.In the application, which was heard for the first time in the Windhoek High Court on Monday, Tradeport seeks an order obliging Namport to return the removed cargo containers."[Namport&#039;s] actions on 16 January show [its] frivolity and opportunistic attitude in negotiations with Tradeport," CEO Tate Nande Ndaitwah said.On Monday, Judge Thomas Masuku adjourned the case until 16 February for judgment.Urgent applicationNdaitwah claimed that in 2019, Tradeport entered into an oral lease agreement with Namport for a portion of the port and that it has occupied the premises - for which it pays approximately N$96 300 monthly – ever since.According to Ndaitwah&#039;s statement, Tradeport received a letter from Namport in November 2023 requesting it to "start removing its cargo containers at the container terminal for the development of a new warehouse".Ndaitwah argued that Namport never legally terminated their alleged agreement, but the latter asserted that no agreement ever existed."[Tradeport] knows very well that the site is part of common user facilities and is sometimes occupied by various entities," Ibwima claimed.He further explained that the site offers free storage space for loads for three days. After that, the users are charged a rate for each subsequent day based on the size of the area occupied by the load.According to him, Tradeport occupied 2 700 square metres in December 2023 and stored approximately 580 cargo containers there, but he added that, at times, Tradeport had no cargo on site."[Tradeport] has always known that this arrangement was only temporary, as is the practice in ports with common user facilities. [Tradeport] knew that it would have to leave the premises with reasonable notice, which was received in November 2023."CooperationHowever, Ibwima argued that on 16 January, Tradeport agreed and cooperated in removing the cargo containers from the premises."The manager of Tradeport made available eight employees and two trucks to help with the removal."He added that Tradeport’s application must be dismissed on this basis because the company expressed its consent through its cooperation."I must make it pertinently clear that [Tradeport] did not at any time agree to the expropriation of the site and did not cooperate with [Namport] in the manner that it wants this court to believe," Ndaitwah retorted."Although [Namport] claims that there was no agreement, it cannot deny that [Tradeport] was in undisturbed and peaceful possession of the premises for about four years and on 16 January, [Namport] unlawfully took the premises from it," Ndaitwah argued.He also pointed out that Namport did not have an eviction order to remove his company from the premises.According to Ibwima, if the spoliation is successful, all the cargo containers will be moved back until Namport succeeds in obtaining an eviction order.

Tradeport 'wants to avoid competition'

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Namibian Sun 2025-04-03

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Tradeport 'wants to avoid competition'

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Namibian Sun 2025-04-03

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