Renthia Kaimbi
The Namibia Competition Commission (NaCC) says the Red Mountain Joint Management Area (JMA) in the Red Mountain area still constitutes anti-competitive conduct.
NaCC reaffirmed its earlier position despite extending the deadline for the Ministry of Environment, Forestry and Tourism (MEFT) to resolve the issue.
In a letter dated 17 October 2025, the NaCC told mining claimant Timoteus Mashuna that its view on the matter remains unchanged.
The Red Mountain Joint Management Area (JMA) is a conservation zone established in 2018 through a partnership between the Uibasen Twyfelfontein, Nawas and Sorris Sorris conservancies, sharing a mutual boundary.
Earlier this month, the Dâure Daman Traditional Authority announced plans to notify the Ministers of Environment and Tourism and of Mines and Energy of its intention to withdraw the Sorris Sorris Conservancy from the Red Mountain JMA.
“The commission’s position regarding the nature of the conduct has not changed. It remains our considered view that the conduct in question constitutes an anti-competitive conduct as contemplated under the relevant provisions of section 23 of the Competition Act 2 of 2003,” the NaCC stated.
The commission said the ongoing engagement with MEFT is a procedural step meant to facilitate compliance and timely redress, not a sign of any shift in its position.
The initial 90-day engagement period expired on 1 September 2025 and has been extended to 28 November 2025.
The NaCC said it will take “appropriate enforcement action” if the issue is not resolved by then.
This comes as a conflict pits conservation interests against mining development in the Kunene Region.
Two weeks ago, acting high court judge Reinhard Tötemeyer ordered that Mashuna be interdicted from conducting mining activities or constructing new access roads to his eight mining claims southwest of Khorixas.
The order remains in place until a review application seeking to overturn environmental and mining approvals is decided by the High Court.
This was the sixth urgent application brought by conservationists and tourism operators in the ongoing dispute.
The main review application challenging the government’s decision to issue environmental clearances and register the mining claims is still pending in court.
Shortly after the ruling, Mashuna’s lawyers, Appolos Shimakeleni Lawyers, filed a notice of appeal to the Supreme Court.
In sworn affidavits, Ultimate Safaris managing director Tristan Cowley said international conservation funding for the Doros Plains lodge depends on preserving the wilderness and wildlife that underpin the tourism model.
He estimated the tourism project could generate over N$300 million for local conservancies over 25 years.
Mashuna argues that his mining operations would bring significant benefits through job creation, saying the project could create between 150 and 250 local jobs in an area with high unemployment.
He questioned the fairness of the tourism deal, claiming that a tourist paying over N$13 000 for a two-night stay results in only N$133.33 being shared among the 1 300 residents of the Sorris Sorris community.
The NaCC’s latest communication makes clear that the November deadline is critical.
All parties now await the outcome of the talks between NaCC and MEFT and whether the contested agreement will be nullified to address the competition concerns.
