Renthia Kaimbi
The Namibian Competition Commission (NaCC) has launched a formal investigation into alleged anti-competitive conduct involving Ultimate Safaris (Pty) Ltd and three conservancies in the Brandberg area.
The probe follows a complaint lodged on 26 September 2024 by mining claim holder Timoteus Mashuna.
In a letter dated 14 April 2026, signed by acting chief executive officer Johannes Ashipala, the commission confirmed it has started an investigation under section 33 of the Competition Act.
The investigation targets Ultimate Safaris, Doro !Nawas Conservancy, Uibasen Twyfelfontein Conservancy and Sorris Sorris Conservancy.
NaCC said it issued a cautionary notice on 18 December 2024. It warned the parties to stop conduct that could breach competition laws and gave them 30 days to comply and confirm in writing.
By January 2026, the commission said there was no sufficient compliance. This led to the decision to open a full investigation.
The case focuses on joint venture agreements that give Ultimate Safaris exclusive rights to set up and run tourism facilities across large parts of land in the three conservancies.
The agreements include clauses that require the conservancies to reject proposals from other operators and refrain from supporting competing tourism developments within certain areas.
The commission said these clauses could block other tourism operators from entering the market and limit access to key areas.
“These agreements may prevent other operators from setting up camps or lodges near the Brandberg area, thereby limiting competition,” the notice states.
The commission also raised concern about clauses that require conservancies to consult Ultimate Safaris before considering new tourism developments. It said this could prevent new ventures from competing.
The investigation will assess whether the agreements breach section 23 of the Competition Act, which deals with conduct that prevents or reduces competition.
The commission said it will find out if the Respondents made agreements or worked together in a way that stops or greatly reduces competition by limiting production, market access, technical development or investment.
Ultimate Safaris managing director Tristan Cowley and the conservancies were notified on 12 March.
They were asked to submit sworn written responses within 30 days, which ended on 12 April.
The Windhoek Observer could not confirm if the parties responded.
Mashuna was informed on 14 April that the investigation would proceed.
He operates the Goantagab Mine in the Sorris Sorris conservancy and is involved in legal disputes with the respondents. He claims they “are stifling their mining operations using an unlawful joint management agreement”.
If the commission finds a breach of the law, it may take action to restore competition in the market.
