Urgent application in tourism concession dispute in Bwabwata
The awarding of a tourism concession in the Bwabwata National Park in the Kavango East region is being challenged in the Windhoek High Court.
An urgent application has been brought before judge Beatrix de Jager by eight lodge owners from the Bwabwata area against the minister of environment, forestry and tourism, the environmental commissioner, Nyime Safari Lodge, the Kyaramacan association and Buffalo Private Lodge.
Pre-trial proceedings took place on Wednesday, and the hearing of the urgent application has been set for election day, 27 November.
The eight lodges bringing the application are Shamvura Camp, Shametu River Lodge, Riverdance, Ngepi Camp, Ndhovu Safari Lodge, Divundu Guest House, Nunda River Lodge and Divava Okavango Resort Spa and Safaris.
“The purpose of this application is to seek an administrative review of the specific decisions made by Minister Pohamba Shifeta and Environmental Commissioner Timoteus Mufeti,” reads the sworn affidavit of the first applicant, Mark Paxton of Shamvura Camp.
Concession contract
This includes the minister’s decision to enter into a concession contract with Nyime for the management and operation of the Kavango South concession and, consequently, to annul the contract.
The lodges also question Mufeti’s decision to issue an environmental clearance certificate (ECC), dated 1 September, to Nyime Safari Lodges (which operates as Buffalo Lodge Kavango East Region). The concession is located in the sensitive Ramsar wetland area.
Paxton claims that Buffalo Private Lodge only recently conducted an environmental impact study.
The applicants are also requesting an interim interdict to stop further developments and to maintain the status quo. They allege they were not part of the consultation process for the concession and were never invited to meetings.
“We believe that Kyaramacan awarded the concession to Buffalo Private Lodge, the minister approved it, and the contract was signed,” court papers read.
The concession includes, among other things, the exclusive right to develop a luxury tented lodge in the Buffalo core area of Bwabwata, with several buildings, including a restaurant, rooms, a lecture hall, an amphitheatre, a boma and an information centre.
The concession holder also has the exclusive right to develop a campsite with an additional 25 luxury tents, as well as to develop and operate campsites, picnic facilities, and kiosks along the so-called “Golden Tourism Highway” between Rundu and Katima Mulilo.
Smith charged
According to Paxton, Wouter Smith, the owner of Nyime and Buffalo, only established Tembo Safari Lodge in 2023 with the apparent unlawful consent of the Mbukushu chief, Ernst Mbamba.
“Commissioner Boni Kanyetu of the Namibian Police informed me that Smith was arrested and charged with illegal trespassing and construction activities in Bwabwata following a case lodged by the Ministry of Environment at the Divundu Police Station under case number CR 01 05.2023.”
Paxton states that the case is currently pending, with the next court date set for 26 November.
He adds that Smith was instructed by a director at the environment, forestry and tourism ministry to close Tembo Safari Lodge several months ago.
“Smith still resides at Tembo and operates it for commercial profit, generating income from guests while ignoring [the environment ministry's] instructions. It is from Tembo that he is carrying out development for the second lodge, for which the concession has been granted to him.
“This second development is under the name Nyime, and construction on the site began long before the ECC was issued on 1 September, as early as May,” the statement reads.
Landmines a concern
According to Paxton, a conservation officer informed the surrounding lodges on 10 October that if they heard a loud bang, they should not be concerned as it would be the ministry’s team conducting operations.
“About 30 minutes later, there was indeed a massive explosion at the Smith site. We later learned from local residents that the team had carried out a controlled detonation of a landmine discovered at the site.”
Paxton expressed serious concern about safety with the construction of a tourist lodge on an old military site. The former South African 32 Battalion army base is located in the Buffalo core area.
“With no certainty about the presence of more landmines, this poses a risk. If a tourist were to be harmed in a national park, it could spell disaster for the entire tourism industry in the area.”
The respondents oppose the application. The applicants' notice of removal and re-registration dated 19 November was dismissed with costs. The applicants must cover Nyime and Buffalo Safari Lodge’s costs for the Wednesday court appearance.
An urgent application has been brought before judge Beatrix de Jager by eight lodge owners from the Bwabwata area against the minister of environment, forestry and tourism, the environmental commissioner, Nyime Safari Lodge, the Kyaramacan association and Buffalo Private Lodge.
Pre-trial proceedings took place on Wednesday, and the hearing of the urgent application has been set for election day, 27 November.
The eight lodges bringing the application are Shamvura Camp, Shametu River Lodge, Riverdance, Ngepi Camp, Ndhovu Safari Lodge, Divundu Guest House, Nunda River Lodge and Divava Okavango Resort Spa and Safaris.
“The purpose of this application is to seek an administrative review of the specific decisions made by Minister Pohamba Shifeta and Environmental Commissioner Timoteus Mufeti,” reads the sworn affidavit of the first applicant, Mark Paxton of Shamvura Camp.
Concession contract
This includes the minister’s decision to enter into a concession contract with Nyime for the management and operation of the Kavango South concession and, consequently, to annul the contract.
The lodges also question Mufeti’s decision to issue an environmental clearance certificate (ECC), dated 1 September, to Nyime Safari Lodges (which operates as Buffalo Lodge Kavango East Region). The concession is located in the sensitive Ramsar wetland area.
Paxton claims that Buffalo Private Lodge only recently conducted an environmental impact study.
The applicants are also requesting an interim interdict to stop further developments and to maintain the status quo. They allege they were not part of the consultation process for the concession and were never invited to meetings.
“We believe that Kyaramacan awarded the concession to Buffalo Private Lodge, the minister approved it, and the contract was signed,” court papers read.
The concession includes, among other things, the exclusive right to develop a luxury tented lodge in the Buffalo core area of Bwabwata, with several buildings, including a restaurant, rooms, a lecture hall, an amphitheatre, a boma and an information centre.
The concession holder also has the exclusive right to develop a campsite with an additional 25 luxury tents, as well as to develop and operate campsites, picnic facilities, and kiosks along the so-called “Golden Tourism Highway” between Rundu and Katima Mulilo.
Smith charged
According to Paxton, Wouter Smith, the owner of Nyime and Buffalo, only established Tembo Safari Lodge in 2023 with the apparent unlawful consent of the Mbukushu chief, Ernst Mbamba.
“Commissioner Boni Kanyetu of the Namibian Police informed me that Smith was arrested and charged with illegal trespassing and construction activities in Bwabwata following a case lodged by the Ministry of Environment at the Divundu Police Station under case number CR 01 05.2023.”
Paxton states that the case is currently pending, with the next court date set for 26 November.
He adds that Smith was instructed by a director at the environment, forestry and tourism ministry to close Tembo Safari Lodge several months ago.
“Smith still resides at Tembo and operates it for commercial profit, generating income from guests while ignoring [the environment ministry's] instructions. It is from Tembo that he is carrying out development for the second lodge, for which the concession has been granted to him.
“This second development is under the name Nyime, and construction on the site began long before the ECC was issued on 1 September, as early as May,” the statement reads.
Landmines a concern
According to Paxton, a conservation officer informed the surrounding lodges on 10 October that if they heard a loud bang, they should not be concerned as it would be the ministry’s team conducting operations.
“About 30 minutes later, there was indeed a massive explosion at the Smith site. We later learned from local residents that the team had carried out a controlled detonation of a landmine discovered at the site.”
Paxton expressed serious concern about safety with the construction of a tourist lodge on an old military site. The former South African 32 Battalion army base is located in the Buffalo core area.
“With no certainty about the presence of more landmines, this poses a risk. If a tourist were to be harmed in a national park, it could spell disaster for the entire tourism industry in the area.”
The respondents oppose the application. The applicants' notice of removal and re-registration dated 19 November was dismissed with costs. The applicants must cover Nyime and Buffalo Safari Lodge’s costs for the Wednesday court appearance.
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