Chamwe Kaira
The Communications Regulatory Authority of Namibia (Cran) has welcomed a High Court ruling that declared an exclusive fibre lease agreement between NamPower, MTC, and Telecom Namibia invalid.
On 31 July 2025, the High Court ruled that clause 3.2 of the agreement, the automatic renewal clause, was invalid.
The court confirmed that the agreement legally ended on 31 May 2022, when its 10-year term expired.
In 2012, NamPower, MTC, and Telecom Namibia signed a tripartite agreement for the lease of NamPower’s dark fibre telecommunications services.
The agreement granted MTC and Telecom exclusive access to the fibre and included an automatic renewal clause that perpetually extended the contract.
In 2022, MTN lodged a complaint with Cran. The regulator intervened and declared the exclusivity and automatic renewal provisions void, saying the agreement restricted competition, delayed infrastructure rollout, and limited affordable access.
Cran ruled it invalid under Regulation 17(2)(b) of the Infrastructure Sharing Regulations, 2016.
MTC and Telecom Namibia challenged the decision in court, arguing procedural unfairness and disputing the regulation’s validity.
“This judgement provides clarity on the application of Namibia’s Infrastructure Sharing Regulations. It affirms that exclusive agreements for accessing essential facilities, such as fibre networks, are not permissible. Such exclusivity undermines competition and prevents other licensed operators from gaining fair access to critical infrastructure, contrary to the principles of fairness, non-discrimination, and open access,” said Cran CEO Emilia Nghikembua.
Cran said it has a mandate to ensure fair and transparent infrastructure sharing among carriers, broadcasters, and utilities.
Operators are required to share passive infrastructure such as towers, ducts, and poles, while dominant operators must also provide access to active infrastructure, including antennas, base stations, and transmission links.
According to Cran, infrastructure sharing is vital for Namibia’s digital transformation.
It expedites the deployment of mobile and broadband networks by cutting expenses and eliminating duplication.
“Sharing also improves the quality of service by enabling broader coverage, better reliability, and faster deployment of new technologies such as 4G and 5G. Importantly, it enhances access and affordability, ensuring that consumers benefit from lower prices, wider service availability, and improved connectivity in both urban and rural areas,” Cran said.
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Cran CEO Emilia Nghikembua
- Photo: Cran
