Court orders restoration of Puma’s airport fuel operations

Puma Energy (Namibia) (Pty) Ltd will continue supplying fuel at two major airports in the country after the High Court found it was unlawfully removed from its operations in March.

High Court judge Gabriel Komboni on Thursday ordered the Namibia Airports Company (NAC) to restore Puma Energy’s aircraft refuelling operations at Eros Airport in Windhoek and Andimba Toivo ya Toivo Airport at Ondangwa.

The court granted urgent spoliation relief after finding that Puma had been deprived of its peaceful and undisturbed possession of key operational areas without due process.

Court documents indicate that Puma possessed, at Eros Airport, its depot and bulk storage facility, the roadway from the depot to the apron, and portions of the apron.

The matter stems from events on 11 March, when NAC officials, assisted by other parties and accompanied by members of the Namibian Police, instructed Puma employees to surrender security permits and vacate designated areas at both airports. Gates were subsequently locked, restricting access to the apron and limiting operations.

As a result, Puma’s employees were prevented from accessing key areas required to provide refuelling services, although they were allowed limited access to the fuel facilities.

In its urgent application, Puma argued that it had been unlawfully dispossessed of its operations and sought an order restoring its position pending the resolution of the broader dispute.

NAC, represented by Sisa Namandje, opposed the application, arguing that it was not urgent and that any urgency was self-created. NAC maintained that Puma’s concession agreements had expired and that a new service provider, Central Oil Namibia (Pty) Ltd, had been awarded the contract through a procurement process governed by the Public Procurement Act.

Puma Energy was represented by Daneale Beukes.

In his ruling, Komboni found that the requirements for a spoliation order had been met, noting that Puma had been in factual possession of the premises and had been unlawfully deprived of that possession without following due legal process.

The judge ordered NAC and/or the relevant respondents to restore Puma’s possession of the specified airport areas, including access to entrances and exits, designated roads and pathways, the apron areas, fuel storage facilities, and related operational zones at both airports.

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