Puma claims losing N$150 000 daily after evacuation from airports

Puma Energy (Namibia) (Pty) Ltd says it is losing about N$150 000 a day after being removed from its aircraft refuelling operations at two national airports, as it fights to regain access to and use its equipment through an urgent High Court application opposed by Namibia Airports Company Ltd (NAC).

The dispute concerns a N$222 million aviation fuel tender awarded by NAC to Central Oil Namibia (Pty) Ltd on 17 January 2022, following a procurement process initiated in August 2021.

The contract replaced Puma, which had operated aircraft refuelling services at Namibia’s airports for approximately 18 years under concession agreements.

Despite the tender award to Central Oil, Puma continued operating under its existing arrangements, with the transition not immediately implemented.

Central Oil Namibia previously approached the courts seeking to enforce the tender award and compel the transition from Puma Energy.

Puma was removed from operations at Eros and Andimba Toivo ya Toivo airports on 11 March 2026, triggering the current legal challenge.

The matter is before High Court judges Gladice Pickering and Gabriel Komboni, and centres on Puma’s claim that it was unlawfully removed from its operations at Eros Airport and Andimba Toivo ya Toivo Airport earlier this month.

Puma, whose operations were halted on 11 March, is seeking a mandament van spolie order, a legal remedy designed to protect parties which have been unlawfully or forcibly dispossessed of property or possession, regardless of whether they legally “own” it.

In essence, Puma is asking the court to restore its access to and use of the refuelling equipment and facilities it had been operating at the airports, pending the resolution of the underlying contractual dispute.

Submissions made in court by Daneale Beukes, Puma’s legal representative, stated that: “The Applicant [Puma Energy] has long been complaining of its possession being disturbed… and the alleged spoliation is causing a daily loss of N$150 000. The Applicant seeks restoration of its position pending the resolution of the underlying disputes”.

Overstayed your welcome

However, NAC, represented by Sisa Namandje, told the judges on Tuesday that the application is not urgent and that any urgency is self-created.

According to NAC, Puma had long been aware that a new service provider, Central Oil Namibia (Pty) Ltd (listed as the second respondent), had been awarded the contract through a procurement process.

NAC maintains that Puma’s continued operations became unlawful after the expiry of its concession agreements and that the Public Procurement Act governs the awarding of such services.

The airport authority further argues that granting the relief sought would effectively allow Puma to return to the airports and continue using the equipment without a valid procurement award, thereby undermining statutory requirements.

“It would compel the first respondent to act contrary to the Public Procurement Act,” NAC submits in its court papers.

NAC also disputes that Puma was in peaceful and undisturbed possession, stating that Central Oil’s presence and prior disputes had already disrupted any such control.

In addition, the authority argues that Puma has alternative remedies available, including pursuing its appeal currently pending before the Supreme Court.

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