Allexer Namundjembo
The Namibian Broadcasting Corporation (NBC) has filed a N$1 million lawsuit against Eagle FM in the Windhoek High Court, accusing the radio station of using its transmitter sites without paying.
Court documents seen by the Windhoek Observer state that Eagle FM operated on NBC sites at Signalberg, Rossing, Okongo, Katima Mulilo, Arandis and Oshakati.
“During 2022, while the plaintiff was conducting a site audit on various transmitter sites, the plaintiff became aware that the defendant has been occupying and operating on the above sites,” the documents read.
In August 2024, NBC, represented by Tuuliki Shipanga, and Eagle FM, represented by John Walenga, held a meeting where Eagle FM allegedly admitted owing NBC N$850,774.73 for the period from April 2022 to 31 March 2024.
The documents state that Eagle FM made a partial payment of N$17,724.47 but did not settle the remaining balance.
The dispute led to a written lease agreement in June 2024, signed by NBC director general Stanley Similo and Walenga.
Under this agreement, NBC formally leased its transmitter sites to Eagle FM for telecommunications and broadcasting purposes.
The agreement set specific monthly rental fees: N$6 471.34 for Signalberg, N$3 318.78 for Rossing, N$5 065.18 for Okongo, N$6 304 for Katima Mulilo, N$552.60 for Arandis, and N$66 187.72 for Oshakati.
The lease agreement also allowed NBC to terminate the contract and repossess the sites if Eagle FM failed to comply with the terms.
NBC claims Eagle FM neither cleared its arrears nor honoured the new lease payments. It is demanding N$1 million, which includes arrears, unpaid rentals, interest at the FNB prime rate, and legal costs.
The broadcaster is represented by Shikongo Law Chambers, with lawyer Anna Uguanga handling the matter.
According to the combined summons, NBC has formally served Eagle FM through the High Court’s main division.
Eagle FM is required to file a notice of intention to defend within 10 days, providing full corporate and contact details.
Failure to respond within the deadline may result in judgement being granted against Eagle FM by default.
The summons also notes that the court may schedule a case planning conference to manage the exchange of pleadings and set deadlines for the matter to proceed. If Eagle FM chooses to defend the case, it will have to comply with strict timelines under the High Court’s rules.
NBC argues that Eagle FM has unfairly benefited from its infrastructure while avoiding payment obligations. Eagle FM, on the other hand, has yet to respond to the lawsuit.
